Pennsylvania Exchange Bank v. Kenmore Furniture Co.

Plaintiff ought not to have been awarded summary judgment. The transaction in suit had its origin in a conditional sale to defendant of an air-conditioning system by Thermotemp Equipment Corp. for $3,825, payable by a down payment of $250 and the balance in installments of $150 per month. This contract was assigned by Thermotemp to plaintiff, together with the promissory note which was given by defendant as evidence of the indebtedness.

The air-conditioning system which Thermotemp installed has never operated. The affidavit of defendant’s president states that additional parts were needed from…