Calderoni v. Berger

Opinion by

Mr. Justice Allen M. Stearns,

This is an appeal from an order dismissing defendants’ motion for judgment n. o. v. in an action in assumpsit. The question is whether the plaintiff established an agreement by defendants to secure public liability insurance for plaintiff’s protection.

Plaintiff purchased an automobile from defendants. His used car, at an agreed valuation, was accepted in part payment on account of the consideration. In addition, plaintiff agreed to pay a substantial cash payment and the balance in installments, under a bailment lease, assigned to a finance company. Three…