Associates Discount Corp. v. Maragioglio

Action of contract in which the holder of a conditional sales contract sues the maker. The defendant, in good faith, signed the instrument in blank, intending to purchase the automobile described therein. Before any automobile was delivered to the defendant, the dealer fraud*241nlently filled in the contract and sold it to the plaintiff, a purchaser for value without notice of the facts of the case, who now attempts to recover from the maker.

The defendant admits his signature but contends that there was a failure of consideration as he never received the automobile purported to be conveyed to him.