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Oliver purchased a used car from Hardy Motors Ltd . for $ 5 5 0 0 and paid $ 3 8 0 0 in cash
Oliver purchased a used car from Hardy Motors Ltd for $ and paid $ in cash as a down payment on the understanding that he would have days to pay the balance. The manager of Hardy Motors Ltd stated that day credit was unusual for this type of purchase and that he would still have to get Oliver's signature on a conditional sale agreement as a matter of form." Oliver signed the agreement, which included a term that Oliver would pay the balance of the purchase price over months in monthly installments of $ each. The manager told Oliver he would hold the conditional sale agreement for days so Oliver would have that time to raise the balance of the purchase price.
Hardy Motors Ltd was in financial trouble. In breach of its understanding with Oliver, the company at once discounted assigned the conditional sale contract with Vanguard Finance Co The finance company informed Oliver of the assignment and requested payment to it of the monthly installments specified in the conditional sale agreement. Oliver ignored the notice, and before the expiration of the days, paid the balance of $ directly to Hardy Motors Ltd Soon after, Hardy Motors Ltd was adjudged bankrupt, and the manager absconded with the cash assets of the business. Vanguard Finance seized the car from Oliver, who then sued the finance company for wrongful seizure, asking for a court order for return of the car to him.
Should Oliver's action succeed?
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