Rutherford v. Hughes

STOKES, Justice.

On January 7, 1948, the appellants, M. M. Rutherford and Haskell Dill, who were partners and doing business under the trade name of Rutherford Enterprises, sold to the appellee, Billie Pete Hughes, certain amusement equipment consisting of ball marble tables, grip scale machines and other similar articles. As consideration for the equipment appellee paid $2,000 in cash and executed a combination chattel mortgage and note for the sum of $5,566.38, payable in sixty-seven weekly installments of $83.08 each. Appellants required a cash payment of $3,000 and, to make up the…