Triple Cities Construction Corp. v. Byers Machine Co.

Gold (A. E.), J.

Defendant sold the plaintiff a steam shovel under a contract of conditional sale and later retook possession for default in payment. Attempting to redeem, plaintiff tendered the balance due and the expenses of retaking and storage. One item of expense claimed was $200 for attorneys’ fees, to which the plaintiff made strenuous objection. Having immediate need of the property, however, it paid under protest, and now sues to recover.

This is a motion by the defendant for summary judgment. Plaintiff also asks judgment under the amendment to rule 113 of the Rules of Civil Practice,…