$ 75.10 assigned the same day to the plaintiff corporation.
27. Said bailment lease was signed by Kenneth G. Spiker in behalf of North Hills Auto Car and Truck Rental Company.
28. On October 23, 1948, a bailment lease was executed between Dixon Motor Company, lessor, and North Hills Auto Car and Truck Rental Company, lessee, for a 1948 Ford automobile with a time balance of $ 1,293.84, payable in eighteen monthly installments of $ 71.88 and assigned to plaintiff corporation.
29. The bailment lease upon which Dixon Motor Company was lessor was not produced in evidence, and Scott B. McCullough, Assistant Branch Manager of the plaintiff corporation, testified concerning its execution and contents from the plaintiff's account card.
30. No evidence was offered as to who executed the bailment lease upon which Dixon Motor Company was lessor.
31. Payments under these seven bailment leases were defaulted between May 1, 1949 and May 24, 1949.
32, At the time of the default there was an unpaid time balance on the bailment lease (first) in the amount of $ 4,964.67; bailment lease (second) in the amount of $ 5,957.55, and bailment lease (third) in the amount of $ 964.80, or a total unpaid balance on these three bailment leases in the amount of $ 11,887.02.
33. The total unpaid time balance on the four bailment leases executed by or in behalf of the partnership, North Hills Auto Car and Truck Rental Company at the time of default was in the amount of $ 3,791.59.
34. The total unpaid time balance due on the seven bailment leases at the time of default was in the amount of $ 15,678.61.
35. On May 24, 1949, Kenneth G. Spiker entered into a refinancing agreement with the plaintiff corporation for the balance due under all seven bailment leases.
36. The refinancing agreement was signed by Kenneth G. Spiker without any indication of the capacity in which or on whose behalf he was executing said agreement.
37. According to the refinancing agreement the gross balance due on the seven bailment leases was in the amount of $ 15,678.61. A rebate for pre-payment was credited in the amount of $ 1,402.38 leaving a net balance due in the amount of $ 14,276.23. A refinancing charge of $ 1,927.29 was added to make a new balance due in the amount of $ 16,203.52 payable in seventeen monthly installments of $ 900.19 and one installment of $ 900.29, with first payment due June 28, 1949.
38. The plaintiff corporation closed out its books and marked as paid the accounts for the seven bailment leases and opened a single account under the refinancing agreement.
39. Prior to the execution of the refinancing agreement between plaintiff corporation and Kenneth G. Spiker, George Greisinger notified plaintiff corporation, through its Assistant Branch Manager, Scott B. McCullough, that he, Greisinger, was no longer connected with either the partnership North Hills Auto Car and Truck Rental Company or the corporation, Allegheny Car Rental Service, Inc.
40. Greisinger did not sign the refinancing agreement and did not participate in any of the negotiations regarding it.
41. The seven bailment leases were not attached to the refinancing agreement at the time the refinancing agreement was executed.
42. The refinancing agreement became in default with payment due October 28, 1949.
43. On November 24, 1949, plaintiff corporation repossessed nine of the automobiles originally covered by the seven bailment leases which were sold by the plaintiff corporation for a total amount of $ 6,925.
44. The cars repossessed and sold, the purchasers' resale prices and the bailment leases covering the particular cars repossessed and sold are as follows:
Motor Vehicle Description Vendee Resale Price
1946 Plymouth #15219803 H. J. Kiel $ 600.00
1946 Plymouth #11605445 Lew Lineburgh 600.00
1946 Plymouth #11591676 Lew Lineburgh 625.00
1946 Plymouth #3DTD9854 Kenneth Franks 600.00
1948 Chevrolet IFJ19188 Geo. Dix, Inc. 825.00
1947 Ford #799A1551570 James B. Carney 750.00
1948 Plymouth #12063071 John Farnan 1,000.00
1948 Plymouth #12026837 Lombard Motor Sls. 850.00
1948 Ford #98HA36143 Reagan Auto Sls. 1,075.00
Total... $ 6,925.00
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