Commercial Inv. Trust, Inc. v. Wesling

On May 28, 1923, Joe Fischback made a conditional sales contract with defendant Wesling for the sale of a Nash-sedan for the sum of $1,2.60, of which $630 was paid in cash and a note given for the other $630, due in six months from date. By the termte of the written contract title remained 'in the- seller until the note was :<ri'lly paid, at which time title should pass to Wesling. On the same 'day that the deal was made, Fischback indorsed the note, and in writing assigned) the contract, to plaintiff. In the latter part of November, 1923, Fischback retook the car without defendant’s consent,…