Bethea v. Investors Loan Corporation

197 A.2d 448 (D.C. App. 1964)

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Nature of the Case

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Facts

P sued D for the balance due on a conditional sales contract signed by Ds and Standard Food Service. P had purchased the contract for value and that the payments were in default. Ds admitted the default but contended that the contract, for the purchase of a food freezer, was inseparable from another contract whereby Standard Food Service agreed to supply food at discount prices. The food supply lasted only four months and that thereafter Standard Food Service became bankrupt. Ds contend that the breach of the food agreement constituted a breach of the freezer contract thereby relieving them of further liability. The trial court determined that there were two contracts, that the food contract was for four months and was fulfilled, and that the payments on the freezer contract were in default. D appealed.