FIRST NATIONAL BANK, BISMARCK v. O'CALLAGHAN

No. 8287.

143 N.W.2d 104 (1966)

FIRST NATIONAL BANK, BISMARCK, North Dakota, a Corporation, Plaintiff and Respondent, v. Garry O'CALLAGHAN and Eliza O'Callaghan, Defendants and Appellants.

Supreme Court of North Dakota.

June 2, 1966.


Attorney(s) appearing for the Case

Cox, Pearce, Engebretson, Murray & Anderson, Bismarck, for plaintiff and respondent.

Higgins & Christensen, Bismarck, for defendants and appellants.


STRUTZ, Judge.

The defendants, for several years, have been customers of Universal Motor Company of Bismark, now known as McCarney Ford. They purchased a number of cars from this concern. One such purchase was made on June 14, 1961, when they purchased a used Falcon on conditional sales contract. Thereafter, on August 4, 1961, the parties desired to purchase a new 1961 Falcon. They thereupon executed a new conditional sales contract but, at the time it was signed...

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