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ROYAL DISC. CORP. v. LUXOR SALES CORP.

9 Misc.2d 307 (1957)

Royal Discount Corp., Appellant, v. Luxor Motor Sales Corp., Respondent.

Supreme Court, Appellate Term, First Department.

December 19, 1957.

Attorney(s) appearing for the Case

Irving G. Schleimer for appellant.

Daniel Rosen for respondent.

HOFSTADTER, STEUER and HECHT, JJ., concur.

Per Curiam.

An assignment of a retail installment contract, by which the seller warrants that the cash down payment specified as having been paid by the purchaser was actually paid, is breached when the proof establishes that the down payment was in fact less than the amount so warranted (Commercial Credit Corp. v. Third & Lafayette Sts. Garage, 226 App. Div. 235; Northeast Discount Corp. v. Queens Hill...

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