City of New York Municipal Court March 20, 1939 (National City Bank v. Prospect Syndicate, Inc.)

Genung, J.

This is an action by the assignee of a conditional sale contract to recover from the buyer the balance due thereunder.

On September 6, 1938, the Carburetor Combustion Corporation, as seller, and the defendant, as buyer, entered into a written conditional sale contract for the purchase and sale of a heating device called an “ automatic unit,” which contains the following provisions:

“