Farmers Cooperative Exchange, Inc. v. Holder

Plaintiff’s evidence suffices to show these facts: Plaintiff agreed to provide service when the tractor was sold. Holder, when the first installment became due, refused to pay, assigning as his reason plaintiff’s failure to provide maintenance service as it had agreed. His offer to surrender possession was accepted in April or May. On July 24, 1962, Holder, at the request of plaintiff, executed a writing *495denominated “RELEASE.” The release recites Holder’s purchase from-plaintiff and the execution of the conditional sales contract to secure payment of the balance of the purchase money.…