Richardson v. Messina

The action before us is brought at law upon a conditional sales promissory note. Plaintiffs were not holders in due course thereof, the note being in default upon their acquisition thereof, * and are subject to the defenses of absence or failure of consideration, in whole or in part, † should such be established. The defense asserted is rescission for breach of warranty of fitness.

The controversy concerns automatic car-washing equipment. Prior to the purchase of the machinery hereinafter described, defendants relied upon manual operation. Plaintiffs’ agent proposed to mechanize the operation…