Appellate Terms of the Supreme Court of New York June 27, 1945 (Charmante Studio, Inc. v. Greenfield)

Shientag, J.

The action is in replevin. The defendants agreed to sell and deliver to plaintiff a washing machine and dryer for $475, of which $25 was paid on account. The balance of $450 was to be paid on or before delivery. The machines were not delivered although plaintiff tendered the balance of the purchase price.