North American Contracting Corp. v. Haley

QUINN, Associate Judge.

Appellee contracted to sell appellant a used “backhoe,” a large piece of excavating equipment, for a total price of $7,000. At the time of the sale, the machine was subject to a chattel mortgage in the amount of $4,633.07. Appellant agreed to assume this debt and to pay appellee the remainder of the purchase price, i. e., $2,366.93, in monthly installments. After delivery, appellant made no payments. Appellee then brought this suit to recover the sale price and obtained a judgment, from which this appeal is taken.

The chief defense was that the backhoe was in a defective…