Linden Trans-Mix Corp. v. Griffin

Plaintiff has moved for summary judgment in its action to recover the sum of $3,905 paid by it to defendants in April, 1956 as the cash payment under a contract wherein defendants were to' procure certain gravel pit *189equipment for plaintiff with such cash and with the proceeds of a $10,000 conditional sales agreement executed or to he executed by plaintiff. The plaintiff alleges that the defendants represented that they had already arranged with a bank to accept such conditional sales paper and advance the money thereon, but that in fact they had not made such arrangements, and were not able…