Ellner v. Commercial Credit Corp.

The facts here are the same as those in Ellner v. Commercial Credit Corporation (136 Misc. 398), with the exception that, at bar, defendant, without demand being made upon it to sell the property, under the statute, did give a notice of sale and did conduct a sale of the property. The notice of sale, however, is conceded to be insufficient and the resulting sale, therefore, of no avail. Talcing the same view as to what constitutes the “ purchase price ” as was indicated by this court in the Ellner Case (supra), the plaintiffs, at bar, had paid less than fifty per centum thereof. They were,…