Penn Securities Co. v. Sacco

PlNOLA, J.,

Plaintiff, assignee of the contract, has brought an action in replevin to recover a television set sold by the Electronic Device Corporation to defendant. No counterbond having been filed, the sheriff delivered possession of the set to plaintiff.

In his answer, defendant avers that the set installed was not. the set ordered and that it failed to operate in accordance with the provisions of the contract, and therefore: (a) Demands the repayment of the amounts paid on the contract, (b) damages in the sum of $5,000 for loss of business resulting from the improper functioning of the…