Commonwealth v. Security Acceptance Corp.

The defendants, Security Acceptance Corporation (Security) and Tilo Company, Inc. (Tilo) were indicted for violating G. L. c. 140, § 96. 2 The cases were consolidated for trial and submitted to a judge of the Superior Court on a statement of agreed facts. The judge, without decision, reported the cases for determination of certain issues of law.

We summarize the pertinent facts. On or about August 16,1961, Walter Holden, a sales representative of Tilo, contracted with John and Lillian Stallings for the sale of a composition type siding called “Duratex” to be applied to their home at a cash…