Franklin National Bank of Franklin Square v. Kinsey

On April 16, 1957 defendants Kinsey contracted with third-party defendant Champion Industries, Inc., for the erection of a patio in the backyard of their home. The contract calls for an overhead metal awning, aluminum screen and a cement slab and bears the notation, “ Install by May 15, *6341957 ”. It shows a total price inclusive of sales tax of $1,237.15, a cash payment of $2.15, a balance of $1,235, and by a check mark in the box provided indicates that the balance is to financed. It bears the further notation, “Terms — Bal. $1235 — 60 months ”. The contract was executed on a printed form…