Ford Motor Co. v. Maeder
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shaw-ano county: Edgar V. Werner, Circuit Judge. Action of replevin to recover possession of a Ford touring car sold by one McLeod, a subagent of the Marathon Motor Car Company, to the defendant. McLeod did not sell the car as agent of the Marathon Motor Car Company, but as the owner thereof.
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Appeal from a judgment of the circuit court for Shaw-ano county: Edgar V. Werner, Circuit Judge. Action of replevin to recover possession of a Ford touring car sold by one McLeod, a subagent of the Marathon Motor Car Company, to the defendant. McLeod did not sell the car as agent of the Marathon Motor Car Company, but as the owner thereof. He had previously bought it of the Marathon Motor Car Company under a conditional sale contract on file in the city clerk’s office at Wausau, the proper place for its filing. The provisions in the contract for payment of the purchase price of $378 are as…
1Opinion of the CourtVinje, J.
It will be noticed that neither in the contract for the purchase of the car nor in the bill of sale is the time for payment specified. Indeed, there is much force in the argument of defendant that the contract and bill of sale require payment of the full purchase price before delivery of the car can be made to the purchaser. But, treating it as a time sale, there is no way of ascertaining the time of payment. Sec. 2317, Stats. 1917, provides that the “effect of. such filing shall not extend for more than one year after the time fixed for payment of the contract price or for the performance of…
2Cases cited4 opinions
- Lillie v. DunbarWisconsin Supreme Court · 1885
- Monitor Manufacturing Co. v. JonesWisconsin Supreme Court · 1897
- Wadleigh v. BuckinghamWisconsin Supreme Court · 1891
- Mississippi River Logging Co. v. MillerWisconsin Supreme Court · 1901
3Cited by2 opinions
- In re JaegerDistrict Court, W.D. Wisconsin · 1921
- United Shoe Repairing Machine Co. v. AsoumanakisWisconsin Supreme Court · 1920