Mills Novelty Co. v. Morett

The facts in this case are not in dispute. It seems that the defendants purchased from plaintiff eight automatic phonographs on five separate contracts during July and August, 1930. In 1932, defendants defaulted in their payments, the machines were repossessed, and in No vember, 1932, were sold in the manner provided for the sale of property under a chattel mortgage. After the deduction of payments made by defendants and of the price bid at the sale, there was a balance of $2,775 unpaid upon the original purchase price. In January, 1933, plaintiff brought suit for this amount under its…