Commercial Credit Co. v. McDermott

Opinion by

Baldrige, J.,

This appeal is from the 'order of the court below discharging plaintiff’s motions for judgment n. o. v. and for ta new trial in an action of replevin.

The essential facts may be stated as follows: On May 18, 1939, the Packard-Lackawanna Automobile Company leased ¡to Gerald McDermott and Mary, Ms wife, a secondhand Packard ,sedan automobile, which it had obtained from a buyer of a new car as a part of the consideration. The lessees ¡agreed to pay for the use ..of the automobile $323.32, of which sum $100 was paid in cash and the balance was payable in 12 monthly…