Sherrock v. Commercial Credit Corporation

STIFTEL, President Judge.

In plaintiffs’ motion for summary judgment the facts set out below are not in dispute. On September 27, 1968, Bernard McSweeney of Dover Motors, Dover, Delaware, called plaintiffs’ American Motors dealership in Hazleton, Pennsylvania, and spoke to Robert Sherrock concerning whether Sherrock Brothers would be interested in purchasing two new automobiles, since Dover Motors was overloaded with new cars. Robert Sherrock said he would take the cars and was instructed by Mc-Sweeney to transfer funds to Bank of Delaware, Dover branch, to cover the agreed price of $6,701.15.…