Judgment unanimously reversed on the law and on the facts, without costs, and a new trial ordered as a matter of discretion.
The case was submitted to Trial Term on an agreed statement of facts. Plaintiff, the assignee of a note and a conditional sales contract for an automobile, repossessed the car after defendant had defaulted in payments. Defendant made a tender of the installments in default plus the expenses of retaking. The tender was refused. The tender was...
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