The opinion of the court was delivered by: BYERS
This is a plaintiff's motion for summary judgment and dismissal of the defendants' counterclaim.
The complaint was filed February 18, 1957 and has to do with a Federal Housing transaction involving an installment promissory note for $ 2,874.50, dated August 24, 1953, payable to the order of Miracle Home Improvement Company.
That note is now owned by the plaintiff as the result of a series of transactions accomplished under the provisions of the National Housing Act, 12 U.S.C.A. § 1701 et seq.
The basis of the motion is that there are no material issues of fact to be tried.
It sufficiently appears from the pleadings and affidavits now before the court that the various occurrences may be thus tabulated:
Date of contract with Miracle Improvement Co. for repairs and partial reconstruction of a private residence owned by the defendants, the contract price being some $ 2,800.
The defendants made a Federal Housing Administration, Title I, Credit Application to the General Investment Corporation, of Newark, New Jersey, for $ 2,500.
The defendants signed a Completion Certificate addressed to General Investment Corporation, which in terms referred to the foregoing Credit Application. Among the provisions of that Certificate are the following:
'We hereby certify that all articles and materials have been furnished and installed and the work satisfactorily completed on premises indicated in our Credit Application.'
Dealer will present this Certificate to you for signature After the work or the materials have been satisfactorily completed or delivered. Do Not Sign this Certificate until you are satisfied that the dealer has carried out his obligation to you. The selection of a dealer, the acceptance of materials used, and work performed is Your responsibility. Neither the FHA nor ...