Scott-Smith Cadillac Co. v. Rajeski

Argued October 10, 1949. This is an assumpsit action to recover the balance of the purchase price of an automobile sold by the plaintiff to the defendant on or about December 20, 1944. The purchase price was $1150.00 and at the time of the sale the defendant paid $900.00 and gave "a check dated January 2, 1945, drawn on the Kensington National Bank, and payable April 2, 1945, in the sum of $250.00, covering the balance due". This action was brought to recover the "balance due", $250.00, and the case was tried by the court without a jury. The trial judge found for the plaintiff, exceptions to…