Pollow v. Henry L. Doherty & Co.

Alessandroni, J.,

The plaintiff originally filed a statement of claim in assumpsit, alleging that on Sept. 25, 1929, she entered into two written contracts for the purchase of 100 shares and 50 shares, respectively, of Cities Service stock from the defendant company at $59 per share, an initial payment being made on each contract and the balance in regular monthly instalments beginning Nov. 1, 1929.

Each contract contained the following provision: “This contract becomes automatically cancelled if the purchaser’s payments due on the first of each month are not made on or before the first of the…