G. A. C. Service Corp. v. De Ruvo

In an action for alleged breach of a contract by the defendant, a retail automobile dealer, the plaintiff, a finance company, moves to strike the answer as sham and frivolous and for summary judgment.

It appears that the parties, as part of the transaction assigning a “ retail installment contract ” to the plaintiff, agreed to a written indorsement, which provided: “If you [the plaintiff] repossess the car, we [the defendant] will upon demand pay you the then unpaid balance * * *. You [the plaintiff] agree to protect us [the defendant] against any loss in excess of $100 due to any one single…