Appellate Division of the Supreme Court of New York, 1916

Miner v. Pietraschke

Miner v. Pietraschke
Appellate Division of the Supreme Court of New York · Decided November 15, 1916
175 A.D. 967
Miner v. Pietraschke

Opinion of the Court

Judgment affirmed, with costs. Held, that irrespective of whether the contract is a conditional sale or not, the plaintiff was entitled to recover the payments which were due. The evidence shows that defendant was not precluded from exercising his option to purchase; on the contrary, that the plaintiff was holding the machine for the defendant, so *968that upon the payment of the balance due upon the contract the title would pass to him. All concurred.

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