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PERRY v. W. H. BURBEE, INC.

No. 4553.

100 N.H. 456 (1957)

CLARENCE C. PERRY & a. v. W. H. BURBEE, INC.

Supreme Court of New Hampshire.

Decided February 28, 1957.

Attorney(s) appearing for the Case

Buckley, Zopf & Sayce (Mr. Buckley orally) for the plaintiffs.

Leahy & Denault (Mr. Denault orally), for the defendant.

LAMPRON, J.

On August 16, 1954, plaintiffs sold a 1947 Packard sedan to one Clarke for $450 on a conditional sales contract duly recorded in Springfield, Vermont. On or about October 11 next, defendant took this car in trade when it sold Clarke a 1946 Ford. There was a balance of $420 unpaid on the Packard at that time. Although demand was made of defendant it never surrendered the car to plaintiffs nor paid them the amount...

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