Smith v. Refrigeration Discount Corp.

STANFORD, Justice.

On July 26, 1930, W. H. Smith entered into a written contract with J. H. Byrne by which Byrne sold Smith a Kelvinator and certain freezing units and accessories used in connection therewith, for the total recited consideration of $731. A cash payment of $104 was recited, and the balance was to be paid in monthly installments of $26 each. Shortly thereafter said written contract was sold and assigned by Byrne to the Refrigeration Discount Corporation. Smith failed to pay the installments as they matured because the machine failed to work, and the Refrigeration Discount…