Behrens v. Universal C. I. T. Credit Corp.

Where, to an execution issued on the foreclosure, by the assignee, of a conditional-sales contract, covering the sale of an automobile, an affidavit is interposed, by the purchaser of the automobile, upon the ground that the execution is proceeding illegally because the contract, which is a negotiable instrument, had been materially altered since its execution and is void, and it is stipulated between the parties that the contract has been materially altered and if it is a negotiable instrument that it is void, and it appears from the terms of the contract that the parties contemplated its…