McNiff v. Atlantic Finance Co.

Action .of contract brought by a minor to recover money paid for an automobile. The declaration is in 2 counts: Count 1 seeks recovery because of minority; Count 2 is for money had and received.

On December 19, 1938 the Atlantic Finance Co. acquired by assignment an agreement of conditional sale given by Irving Melendy to George A. O’Neil to secure the purchase price of an automobile sold by O’Neil to Melendy. On August 8, 1939, as a result of a default by Melendy, the Atlantic Finance Co. delivered the following letter to the Auto Finance Adjustment Co.

“August 8, 1939

Auto Finance Adjustment…