Wallace v. Flatauer Fixture & Sales Corp.

Where plaintiff by written retention-of-title contract purchases from defendant certain equipment and at the execution of the contract pays defendant a down payment on such equipment, and plaintiff requests defendant to hold the equipment on his behalf until he secures a location to install such equipment; and where defendant stores the equipment in accordance with the request and plaintiff never directs defendant where to physically deliver such equipment; and where plaintiff later informs defendant that he could not find a location for the equipment and requests the down payment back and…