Abbott Motors, Inc. v. Ralston

This is an action in .contract by *36which the plaintiff seeks to recover a deficiency which he claims is due under an installment contract for the purchase by the defendant of a used Ford pickup truck. The defendant’s answer was a general denial and an answer in set off in which he sought “to obtain the fair value of a car which he traded in for the motor vehicle embodied in the agreement”. The contract was secured by the truck. Two days after its purchase, the truck broke down and the plaintiff repossessed it. The contract had been assigned to a bank, but it would appear from the position…