In its opinion denying the prior motion for summary judgment, without prejudice to a renewal, the court pointed out that the affidavits submitted by defendant "make no claim that any similar request (to pay an installment about to fall due to the two obligees in separate checks of one half to each of them) was made as to the installment due October 1, 1956". It is the failure to pay this installment which forms the basis of the present...
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