National Assn of Creditors Inc. v. Ultican

During the month of April, 1929, plaintiffs assignor, by contract of conditional sale, agreed to sell to defendants, for use in their restaurant, an instrument known as an orchestrope. The machine, not giving satisfaction, was later replaced with another of similar type, the old contract standing. November 10, 1933, defendants were in default under the contract. At this time, the vendor was demanding that something be done, and defendants were claiming damages because of the failure of the machine to function to their satisfaction. A representative of the vendor and defendant R. J. Ultican met and arrived at an agreement, as a result of which a new contract of conditional sale was prepared and signed, whereby defendants agreed to pay $500 for the orchestrope then in their possession. Mrs. Ultican was not present at this meeting, and did not know thereof, or of the contract then signed, prior to the trial of this action October, 1935. The representative of the vendor, some time after the signing of the second contract, wrote thereon a rider as follows: Seller agrees to service this machine on receipt of notice in writing that machine is out of order -- during life of contract.