 Case dismissed. Purchase this automobile after careful demonstration, and I understand that there is no warranty expressed or implied upon saying. No warranty? Oh brother, what did I sign? A signature too quickly scrolled on an innocent looking paper, and a tragic sequence begins that may well end in death and disaster, but seldom in a... Case dismissed. WMAQ in cooperation with the Chicago Bar Association presents Case Dismissed. This is the story of your legal rights, how vital to preserve and protect them, how easily they may be lost. Today's story begins in an office at the busy headquarters of the legal aid bureau in Chicago. Come in. Mr. Donnelly? Yes sir, you're... Carl Bolton sir. Oh yes, come in won't you? Yes sir. Sit down Mr. Bolton. Thanks very much. I'm in trouble Mr. Donnelly, pretty bad trouble. I can see your case concerns failure to pay on a time payment contract. Yes sir, I guess I signed up for something I didn't know anything about. I guess you think I'm pretty stupid. No Mr. Bolton, I wouldn't call it stupid. It happens to be a pretty common human failure. If our legal aid figures mean anything, we get over a hundred people a month with problems like yours. Unfortunately most of these people seek our help after it's too late to save them great expense. I've got a hunch that's my situation. Well Mr. Bolton, the facts in each case may change the application of the law so I can't say about that until I hear the full story. Well sir, it all started just about a month ago. I'd been out of the army about a year and I took a job as a guard at the Valley State Bank daytime while taking a mechanics course at night school. My girl, Miss Rita McConnell that is, we're hoping to get married as soon as possible and the two of us have put away $350 as a kind of an estate. Well, one afternoon, just about closing time at the bank, I got a phone call from an old army buddy, a fellow named Bob Willis. Carl, I figured maybe you'd just soon earn a little extra dough, I didn't know. Bob, you've got the right boy all right. What's the deal? Well, I've got this magazine newspaper distribution agency, you know. Yeah, I hear you're doing all right too. Sure, only I got headaches too, personnel problems. I got a man here who distributes the north side on Wednesdays and Sundays, afternoons only, see. Well, he wants out. I see. You want in? Oh, sure, you bet I do, Bob. Only, well, what experience do I need? None at all, Carl, just a strong back. Well, I've got that. The ability to count up to ten. Yeah. And a car. Oh, yeah. Cheer up, boy, we pay your gas and oil, plus 35 bucks a week. Only two days a week, sports, Sunday and Wednesday, you're two days off at the bank. And all you do is distribute magazines and newspapers to a whole gang of drugstores and newsstands. Who could ask for anything more? Yeah. Well, what about it, pal? Oh, yes, sir, you bet I want it, Bob. You bet I do. I couldn't say no, I needed that job bad. It could build up our nest eggs fast. It could mean that Rita and I could get married a lot sooner, and we were both in favor of that idea. In fact, there was just one sour note in the whole deal. I didn't have a car. Well, we took up that problem first thing at Rita's house. Carl, this is wonderful news, the very best. But where can you get a car? That's a $64 question, Rita. It's really one answer. Well, what's that? Buy one. Oh, but, Carl, we can't. You can't afford to. Well, Rita, the way I see it, this chance to make extra dough. Gee, how can I afford not to? I can run the car payments out to 24 months, I imagine. Oh, I imagine you could too, dear, but there's a little thing called the down payment. You don't have another car to trade in. What would you use? Well, there's our $64 question again, honey. Only this time it's our $350 nest egg. Oh, Carl, not that. No, look, Rita, I don't like the idea any better than you do, but, well, we just don't have any other choice. Look, honey, if you don't want to risk our $350, just say so. After all, it's your money as much as it is. Carl, don't say it. Well... Not unless you mean it. Well, I don't, I guess. Well, of course I don't. Carl, the only thing I worry about is, well, the way your dreams always seem to get ahead of reality. But then, that's also one of the reasons why I love you. Darling, use the money. The next day was Sunday. Rita and I spent the whole day touring automobile row. Car division, that is. By late afternoon, it seemed as if we'd personally inspected everything Detroit had turned out since 1900. All we had for our troubles were three decisions. Rita decided it should be no older than 1950, so it'd be sure to hold up. I decided it should be a station wagon because of the kind of work I'd be doing. And both of us decided it should be under $1,000 because that's all we could afford. Mr. Joe Crane at Wilson Auto Sales agreed with. Yes, indeed, folks. That's a mighty sensible decision. And I just wish we had a station wagon under $1,000 for you here at this time. I'm sorry we couldn't do business, Mr. Crane. Hold on, now. Hold on. I just remembered. Next week, I'm expecting one of our old customers to trade in just exactly what you need. A Newton station wagon 1950 is sound as a dollar. That sounds great. Only, gee, I start this new job next Sunday. Well, I'm sure he'll have it in our hands tomorrow sometime. Well, what about the price, Mr. Crane? $1,000 even, ma'am. Well, I like the Newton fine reader. It sounds like our answer. Well, I'm sure of it, folks. Sure of it. Tell you what. How'd it be if I phoned you the minute Mr. Gately brings in that station wagon? Well, I'll tell you, Mr. Crane. They don't like it to take personal calls during the day there at the bank, unless it's an emergency. I see. And you suppose you could maybe drop me a postcard instead? I can't get over here again until Wednesday anyway, could you do that? Sureest thing you know, my boy. Now, suppose you give me your name and address, though I can. Sure enough, on Tuesday night, when I came home from the bank, there was the postcard from Mr. Crane of the Wilson Auto sales. Dear Mr. Bolton, just as I promised you, Mr. Gately traded in that fine 1950 Newton station wagon today. The beauty and perfect running order, and I'm saving it for you, as I promised, the Wednesday Joe Crane Wilson Auto sales. Well, I phoned Rita and told her the good news. I could tell she wanted to go with me when I picked up the car, but she couldn't get away from the office for even an hour. That $350 means to her. Right, and nothing's going to happen to it. Now, you just stop worrying and get a good night's beauty sleep, because tomorrow night we'll go rolling around town in our merry Newton station wagon. Good, Mr. Wilson, just like Mr. Crane said it was. Well, I'm sorry Joe couldn't be here to handle a sale, Mr. Bolton, but, like I said, he was called to our west side branch of Wilson Auto sales on a special deal. I doubt if he'll be back before closing. As long as you're the owner here, and you say Mr. Crane will get the commission on this sale, well, I'm ready to sign up right now. Oh, you'll get full credit, all right. Now, here's the conditional sales contract. You've probably seen these forms before. You, uh, you sign right down here. Yes, sir. And on the blue and red copies, too. Hmm. Hmm. Hmm. There. Okay, now? Yes, sir, fine. Oh, here's the $350 down payment, Mr. Wilson. You'd better count it and make sure... I'm not worried, son. Well, let's see. I guess that just about puts me into the driver's seat, doesn't it, Mr. Wilson? Yes, sir, it... Oh, just a minute. We forgot the wage assignment paper. You have to sign that, and then everything's all set. Wage assignment? Just another form, Mr. Bolton. For our protection, of course. We trust you, of course, but... Well, once in a million, we're fools, so that's why the wage assignment. You weren't planning to stop paying for that car, were you? No, no, not at all, Mr. Wilson. In fact, I'm buying it for a new job that'll much more than cover all the payment. I was only kidding, my boy. You hardly look like the type to defraud us. Now, if you'll sign that, we'll round up both sets of keys and have you on your way. Madam, your chariot awaits with ours. I guess I'm supposed to say without what? And I say without nothing. This little boatman has everything. Sounds like idle boasting to me, young man. How about some proof? Exactly what I had in mind. Fair lady, step inside, please. Thank you very much. Note the firm solid sound of the door latch, ma'am. I'd like to hear the firm solid sound of the motor starting, young man. No sooner said than done. Now where to, honey? Well, young man, how far do you think this beautiful station wagon will take us? Rita, honey, this little wagon is going to help speed us all the way to honeymoon lane. Mostly, Kara. I always thought station wagons were kind of bumping. Not in recent years, honey. They've ironed them out. Kara, do you smell that? It's sort of a burning odor. I can't quite describe it. Oh, sure. I've noticed it too. Nothing serious. Maybe they spotted the worn-out part and replaced it before they resold the car to us. You know how new electrical parts kind of smoke a little when they're first used? That's probably what this is. Well, I hope so. It seems to be getting a lot stronger, though. Yeah, it does. Well, I'll take the car back in the morning and have them checked. Oh, holy Hannah, what's going wrong? Careful, there's a car coming behind us. Yeah, I'll pull it into this driveway. Yeah, off the highway anyway. I'll take a look under the hood. Yeah, I hope nothing serious is wrong. So do I. Well, engine smoking. Rita, we're stuck. We're stuck, all right. And in more ways than we ever suspected, I finally got a tow truck to haul the car to my room and house and we left it in front on the street. With cash on the line and the mechanic gave me more gloom when he said he personally thought it was a crack block. Well, I learned just how stuck I really was when I phoned the Wilson Auto Sales office the next day and your owner, Mr. Wilson, answered and offered a friendly suggestion. I appreciate your calling us, Mr. Bolton, but I'm sorry to say we're not equipped to take on major repair work. Why don't you contact a regular repair garage in your neighborhood? It'll be much more convenient for you. Just a minute, Mr. Wilson. Are you telling me I have to pay for this repair? Soon, that's why you called. I called because I expected you to stand behind the car you sold me yesterday. Oh, that's out of the question, son. We sell hundreds of cars every year. Certainly we can't be expected to do free repairing for their owners. But I've got a job that depends on this car and you said it was in perfect running order. Oh, I'm sorry, but I never made any such statement. Well, your man Crane told me it was. Mr. Bolton, I'm sure my salesman said no such thing. But even if he did, you have your copy of the contract you signed yesterday. Sure I do, so what? Well, if you'll take the time to read it carefully, you'll find a paragraph beginning... I have purchased this automobile after careful demonstration, and I understand that there is no warranty expressed or implied upon same... no warranty. Oh, brother, what did I sign? I didn't know what to do. It was my first day on a new job coming up and no car to operate. I had to stall for a time. I couldn't afford to have the car repaired on my own hook and I was bound there must be some way of making the Wilson Auto sales live up to their bargain. I called Bob Willoughby, explained my tough break, and asked if he would give me a little time before I started that job. Yeah, sure thing, Carl. I can get this man to hold on to the job another couple of weeks or so, but don't push it too long, fellow. I won't, Bob. Nobody wants to start that job any more than I do. Look, why don't you throw the old scare into that used car outfit? Threaten not to pay him another cent till he picks up the car. I hear that brings him around some time. Hey, that's an angle I hadn't thought of. Try it, Carl. Meantime, don't let this job cool too long. I can't hold it for you forever, pal. Did you have any luck? I'm lucky. It's only because I'm in one piece. He practically threw me off the used car lot. Oh, darling. Well, are you going to give up and be sensible? Not as long as they've got our $350 and I've got a useless car. You know what they tried to hand me today? No. I told them I wouldn't pay a nickel on that car until they hauled it away and put it in first-class shape. You know what the nerve they had? The nerve they had to say they said it didn't make any difference to them if I didn't pay because they've already sold a contract to a finance company. You suppose they did? No, how could they? I signed papers with them at a finance company. Just to dodge they think it'll scare me. Well, I almost wish it would. I wish it would scare you into calling a lawyer and finding out exactly where we stand. Lawyers cost money and we've spent enough already. But it may not be the end, Carl. It may cost us a great deal more if we don't use our hands. I've made up my mind reader and nobody's going to put one over on me. I'm sticking this out. Wait until the first monthly payment doesn't show up. Who will be crying then? A month later, I learned the answer to that one, too. First, it was a letter from a good neighbor finance company. Dear Mr. Bolton, we wish to remind you that your monthly payment of $45 due on January 15th has not been received by this office. If you have already sent your payment, please overlook this notice. And then another letter? Correctly an oversight on your part. We would appreciate your payment and full by return mail. And another? Unless payment is made immediately, we will be forced to place this matter in the hands of our... And all along, I felt sure this was just a deal between a Wilson Auto sales and a phony finance concern to keep the used car boys from having to repair my car. I believe that until one afternoon at the bank. Carl Bolton, Carl, there's a phone call for you. Go for me? A phone call? Holy Hannah, Miss Sterling, I thought you wouldn't take calls unless... Is it an emergency? It certainly is, young man. It's your good neighbor finance company. Oh, no. Hello? Is this Mr. Carl Bolton? Yes, sir. This is RV Perkins of the Good Neighbor Finance Company. I have a complaint here that you... Look, look, Mr. Perkins. I wonder if you'd please explain your failure to make your January payment of $45 on your order. Oh, oh, oh, okay, okay, you ask for it. My failure to pay is because of your failure to make good in that car. You'll fix it up, I'll start paying. My dear sir, you are badly confused. We are under no obligation to make repairs on your car. You want a garage. We happen to be a financial institution. When can we expect payment? When you know what freezes over, Mr. Perkins. What's that? Oh, whenever you stop trying to scare me and get those Wilson Auto Sales friends of yours to come over and get my car and fix it, they'll find it on the street right in front of my rooming house. Oh, really, Mr. Bolton? Yes, really, Mr. Perkins. No fix, no pay. That's finally, you got that? Yes, indeed I have. That's final. Sergeant, I want to report a stolen car. Okay. The last night my car was right out in front of the house. This morning I got up early to go to work. It's gone. Wait a minute. Carl Bolton. 2022 Dayton Street. Hold it. Your car wasn't stolen. Not stolen? No, sir. We received a report on that last night. A report? What kind of a report? Your car has been repossessed, Mr. Bolton. You'd better talk to your finance company. Mr. Perkins, this is Carl Bolton. What's the big idea of hauling away my car last night? The big idea to me yesterday, the big idea is to protect our financial interest in this property. But you had no right to take it. Quite the contrary, sir. If you will reread your contract, you'll discover it's plainly stated that failure to pay any installment gives us the right to repossess your car. Okay, if that's the way you do it. How about returning my down payment? We'll just call the whole deal off. I'm sorry, but that is a matter strictly between you and the company from which you bought the automobile. And I think I should remind you that the whole deal is knocked off, as you say. You still owe us the balance deal on the car of $950, dollars for insurance and finance charge. Of course, if we resell the car, you'll only have to pay the difference. Look, Mr. Perkins, I don't know where your boys are getting all your facts, and I know something's wrong here. Somebody's abusing my rights, that I'm sure. And I'll tell you this much, until I get that car back in running order, I can't earn any extra money. And until I do earn extra money, you've got a fat chance of collecting anything from me. I went to my job at the bank still shaking all morning long, I tried to figure out what had happened and how I could get out of this terrible situation. At noon, I slept out in car Bob Willardly. I asked him to give me just a couple more weeks extension on that job, but he told me the other fellow absolutely refused to work another day. So that was it. And I was at the bottom of everything now. Nothing left of the right dreams we had a month before. I figured nothing more could hurt me now, but I was wrong. You wanted me, Mr. Erling? Mr. Erling wants to see you right away, Carl. Mr. Erling? Okay. Mr. Erling? Yes, come in, Bolton, come in. You wanted to see me, sir? Yes, I did, Bolton, matter of extreme importance. I've been notified that you are in arrears of some finance company. Is that true? Yes, sir, but that's not all. No matter. Very embarrassing position for an employee of a bank. Now this wage assignment. Yes, you sign it, you know. It takes 25% of your wages every page. 25%? Why, I can't... Yes, I know. Nasty thing, wage assignment. Call for letting several previous employees go. Does this mean I'm fired, sir? No, not yet. I'm willing to give you some time to clean up this mess. You will? Yes. Two weeks. Rita, honey, after this mess I've got it into you. You really ought to just forget it, me. You ought to meet some guy with some sense in his head. Oh, silly talk like that's going to get you nowhere, Carl Bolton. But I've been such a fool, Rita. What can I say? What can I do? You don't have to say anything. But you can do something. You can talk to a lawyer now. It's better late than never. I'm broke. Where can I find a lawyer who'll work for me for nothing? Well, I've done some investigating, dear. The place for you right now is the legal aid bureau. Have you ever heard of the stupid guys I've done? Well, Mr. Bolton, you're deeply involved. There's no doubt of that. But, as I said before, there are many thousands more like you who sign papers too quickly. The tragic thing about it is that lawyers can do little for you after you've written that signature. In other words, after all my foolishness, I'm really sunk. Well, let's clear up a few errors first. Now, you'd better stop thinking that that finance company is operating illegally. According to an annoying law and the contract you signed, they are acting entirely within their rights. One missed payment and they can take back your car, or furniture, or refrigerator, or whatever it might be. The conditional sales contract you signed permits them to resell the article and force you to pay the difference between that and the original price. But can a used car company just turn around and sell their contracts to any old finance company they want to? Yes, Mr. Bolton. And the finance company then is not at all responsible for any defects or discrepancies that you may find in the article you buy. It sure doesn't seem fair, but I guess it's my fault for ever signing a contract like that. Yes, it is, Mr. Bolton. You had every right to fully inspect the car too, even with the aid of an expert, which is usually a good idea if you aren't confident yourself. Furthermore, you had a right to ask for a written warranty on the car, stipulating the manner and extent of possible repair service and the way in which the cost would be borne. Now, without this, you have no legal recourse. Can't I even prove this first salesman Joe Crane was lying when he told me that Newton was in first class running order? Well, Mr. Bolton, you agreed in the contract you signed that there was no warranty expressed or implied. Under such circumstances, the rosy statements of the salesman make no difference. Unless, unless they amount to fraud. Let me tell you, fraud is mighty hard to prove. In other words, I'm beyond help. Not entirely. If we're fortunate. Now, you happen to possess a bit of evidence not usually found in these cases. I mean the postcard, this Joe Crane mail too. Yes, sir. I have it right here in my pocket, Mr. Donnelly. Had you thought to show it to the owner of the used car company, this Mr. Wilkin? No, no, I never thought of it. Besides, he got so mad he wouldn't even listen to me. I suggest we beard the lion in his den, Mr. Bolton. If the Wilson Auto sales is a racket operation, this postcard may not be strong enough to do the trick. But on the other hand, if they play square, well, let's pay a visit to Mr. Wilson right now. Only I've had enough trouble with this doorhead, Bolton. He signed legal contracts, took his car, got into trouble with it, and that's it. I can't help it. But he claims your salesman, Mr. Crane, previously claimed this car would be in perfect running order. That's what the young fella says, but frankly, I don't believe it. No warranty was expressed or implied, and Bolton signed to that effect, and you know we're in the right time. Normally, yes, Mr. Wilson, but I have here a photo-stat of a postcard that your salesman wrote to Mr. Bolton and signed. I hear. Read it. There, Mr. Bolton, just as I promised you, Mr. Gatley traded in fine 1950 Newton station wagon. Beauty, perfect running order. Saving it for you, Joe Crane, Wilson Auto sales. Well, Mr. Wilson, what do you think of that? What do I think of it? Well, sir, I think it's a heck of a stupid salesman who'd put a thing like that on paper, not knowing whether it's true or not. Client, he's not with us anymore. What about my client's claim? Well, frankly, I think you'd have a pretty tough time proving that postcard amount to a warranty, Mr. Donnelly. On the other hand, old Jim Wilson here stands behind his salesman even when they make fool claims. All right, I'll take care of the boy on those repairs, but he'll have to cover all the towing charges. Is that agreeable to you, Mr. Bolton? Oh, it sure is, Mr. Donnelly. I'll dig up the money somewhere, and I sure do appreciate this, Mr. Wilson. Yes, thank you very much, Mr. Wilson. Of course, Mr. Bolton, you are still in default with the finance company. But if the car hasn't been resold, I think with a little cash, we can straighten things out with them. Yes, listen to our Newton Furry to some car, honey. Now, you be careful, Carl. The last time we were flattering you. Oh, I don't even mention it. That was the start of Madman Bolton's downfall. Never again. I've learned my lesson. It was pretty nice of Bob Willoughby to advance you the money to square things with a finance company. Yeah, it sure was, honey. Well, getting real serious about that mess, I came away with something a good deal more important than money. What was that, dear? A good lesson in common sense. And what better time to learn it than just before marriage. Here to summarize today's case dismissed is your counselor, Dean John C. Fitzgerald of the Loyola University Law School, Dean Fitzgerald. As today's story showed, much of the woe in this weary old world comes from installment buying. There are many legal papers involved in such a transaction, and nine out of ten people neglect to read them thoroughly. Before signing, you would do well to remember that the laws of Illinois lean heavily in favor of the seller, or the finance company, taking the risk of extending credit to the buyer. For example, did you know that there is no law in Illinois fixing the maximum finance charge for installment purchases? How do you protect yourself against the danger of exorbitant finance charges? These and many other helpful legal facts to be considered when you make an installment purchase may be found in the Chicago Bar Association's free folder entitled What Can Happen When You Buy On Time? You may have your copy by writing the Chicago Bar Association 29 Southless South Street, Chicago. Always, I want to remind you that the legal points in the story are based on Illinois law and may not apply in your state. May I point out too that the facts in your situation will probably differ from the facts presented in this story? This difference in the facts may change the application of the law. So if you are in need of legal counsel and do not know a lawyer, and if your income exceeds the limit for the legal aid bureau, get in touch with the Chicago Bar Association. The association maintains as a public service a lawyer reference plan which will refer you to an attorney. Next week, WMAQ and the Chicago Bar Association will look behind the scenes of adoption on case dismissed. Until then, this is your counselor, Dean John C. Fitzgerald, wishing for each of you a good night, good luck and good lord. Case dismissed. Right to the Chicago Bar Association 29 Southless South Street, Chicago 3, Illinois for your free booklet, What Can Happen When You Buy On Time? Case dismissed is written by Robert Karman and is based on information supplied by the Chicago Bar Association and its lawyer members. All characters are fictitious, any resemblance to any person living or dead is purely coincidental. Members of the cast were Sandra Gehr, Jack Bivens, Harry Elders, Stanley Gordon, Arthur Peterson and Charles Quinn. Case dismissed is produced by Betty Roth, direction by Herbert Leto. Musical effects were transcribed. Sound by Tom Evans, engineering by Harold Woodaberry. This is Lee Bennett speaking, inviting you to return next Saturday at this same time, when we'll bring you a story about your legal rights in adoption on case dismissed. This is the NBC Radio Network.