FALCONE v. PALMER FORD

[No. 355, September Term, 1965.]

242 Md. 487 (1966)

219 A.2d 808

FALCONE v. PALMER FORD, INC.

Court of Appeals of Maryland.

Decided May 24, 1966.


Attorney(s) appearing for the Case

Joseph A. Mattingly for appellant.

William M. Canby, with whom were Miller, Miller & Canby on the brief, for appellee.

Brief Amicus Curiae filed by Automobile Trade Association of Maryland, Inc. (Buckmaster, White, Mindel & Clarke and Everett L. Buckmaster on the brief); by The Maryland Bankers Association (Venable, Baetjer & Howard, Norwood B. Orrick and Luke Marbury on the brief) and by The Maryland Council of Retail Merchants, Inc. (Frank, Bernstein, Conaway, Gump & Kaufman, Lawrence F. Rodowsky and Frank A. Kaufman on the brief.)

The cause was argued before HAMMOND, HORNEY, MARBURY, BARNES and McWILLIAMS, JJ.


HAMMOND, J., delivered the majority opinion of the Court. HORNEY, J., dissents. Dissenting opinion at p. 500, infra.

The appellant, Falcone, bought a used tractor truck from the appellee, Palmer Ford, Inc., in August 1960. Falcone was either unable or unwilling to pay cash so the sale was on time with deferred monthly payments over a period of three years which were secured by a conditional sales contract which fully met the requirements and specifications...

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