[Download] "Adams v. Caruso Enterprises" by Second Appellate District, Division One District Court Of Appeal Of California # eBook PDF Kindle ePub Free

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eBook details

• Title: Adams v. Caruso Enterprises
• Author : Second Appellate District, Division One District Court Of Appeal Of California
• Release Date : January 18, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Caruso Enterprises Inc., under the terms of which they agreed to buy a certain 1953 Dodge Coronet automobile from said defendant, that the latter agreed to sell the vehicle to plaintiffs for a total cash price of $3,460.77, less $1,075 net allowance for plaintiffs 1949 Plymouth automobile, leaving an unpaid balance due of $2,385.77. That said balance was to be paid off at the rate of $49.43 monthly and plaintiffs expressly informed said defendant that they could not afford a contract that called for payment of more than $50 per month. It was then alleged, "That the terms and conditions of said sale were written down on a white memo by Defendant Caruso Enterprises agent and then said agent had these Plaintiffs sign blank yellow contract forms which said Defendant Company agreed to fill out in accordance with the white memo terms and conditions." That at the time of the transaction here in question, plaintiffs delivered to defendant seller their Plymouth automobile and took delivery of the Dodge car upon the representations, understanding and agreement with defendant seller that the balance due on the contract would amount to no more than $2,385 and that the installment payments would not exceed $50 per month. That subsequently "Plaintiffs received through the mail copies of filled in conditional sales contracts with coupon book calling for said $2,385.00 plus $100.00 for insurance (which Plaintiffs understood they were to pay) and $500.00 finance charges totaling $2,985.00 instead of $2,485.00 as agreed, and calling for payments of $99.43 instead of $49.43 as agreed, per month." Assignment of the contract to defendant Commercial Credit Corporation is then alleged. The complaint further charged that on December 24, 1953, plaintiffs served defendants with written notice of rescission of the contract and offered return to defendants of the Dodge automobile upon delivery to plaintiffs of their Plymouth car, but the defendants refused to rescind the contract.

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