Drew v. John Deere Co. of Syracuse, Inc.

This is an appeal from an order denying the plaintiff’s motion to strike out the answer of the defendants as sham and frivolous and for summary judgment.

The theory of the complaint is that a contract by the corporate defendant to sell a certain tractor to the plaintiff had come into existence as the result of an auction sale conducted by the defendant and that the defendant breached the contract *310by refusing to deliver the tractor upon the tender of the purchase price.

The corporate defendant was the assignee of a conditional sales contract covering the tractor, which it had repossessed upon…