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ALLIED DISCOUNT COMPANY v. TOBE MCCLINTON (04/03/81)

filed: April 3, 1981.

ALLIED DISCOUNT COMPANY, APPELLANT,
v.
TOBE MCCLINTON, ROSALEE MCCLINTON



No. 974 October Term, 1978, On appeal from the Order of the Court of Common Pleas of Philadelphia County, Civil Trial Division, Dated January 30, 1978, November Term, 1973, No. 1841.

COUNSEL

Alan B. Liss, Philadelphia, for appellant.

William G. Blasdel, Jr., Philadelphia, for appellee.

Spaeth, Stranahan and Sugerman, JJ.*fn*

Author: Stranahan

[ 286 Pa. Super. Page 22]

This case is before the Court on an appeal taken by Allied Discount Company from an order of the Common Pleas Court of Philadelphia County opening a judgment for the purpose of counterclaim only, with leave to appellees to file a counterclaim within twenty (20) days from the date of the Order.

The matter arises out of the purchase of a 1971 Cadillac Eldorado automobile by Samuel McClinton, who is the son of Tobe and Rosalee McClinton, the appellees. Samuel McClinton is not a party to this action.

The car was purchased on or about August 10, 1973 from a Cadillac dealer for $6100.00.

Samuel McClinton and the appellees, Tobe McClinton and Rosalee McClinton, his mother and father, signed an installment sales contract obligating them to pay the loan over a 48 month period. The mother and father signed the installment sales contract as co-makers.

The appellees, Tobe McClinton and Rosalee McClinton, claim that they are illiterate and there is a contention by them that various things happened which were misleading to them, however, that does not affect the outcome of this matter.

[ 286 Pa. Super. Page 23]

About one month after the purchase, the automobile was stolen and subsequently recovered by the police in a damaged condition. The son then stopped making payments on the loan, allegedly because he believed there was insurance coverage on the stolen, damaged vehicle. This, however, was not true.

Previously, the installment agreement had been assigned to the appellant, Allied Discount Company, and on November 14, 1973, it filed a Complaint in Assumpsit against the appellees only, demanding ...


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