Family Budget Plan, Inc. v. Ede

Eckelberry, J.,

Replevin with bond. Preliminary objections to complaint.

In passing upon preliminary objections, we must accept as true all averments of material and relevant facts in the complaint. Accordingly, we find, at this procedural stage, the facts in this matter to be:

On August 2, 1952, Nash-Ringel, Inc., Albany, New York, as seller, sold a certain food freezer and food plan, under a conditional sales contract, to defendant, James Ede, Sr., as buyer, whose address then was Schenectady, New York.

The conditional sales contract provided as follows:

1. That the deferred balance was to be…