Jones & Polson, Inc. v. O'Toole

The plaintiff, a dealer in tires, sold to the defendant, a contractor and a “producer” of sand and gravel, eight solid rubber truck tires under a written contract of conditional sale, dated April 25, 1929. By the terms of the contract, title was to remain in the plaintiff, and the defendant was to pay one cent per mile per tire for the use of the tires until they should be worn out, when they were to become the property of the defendant. • The contract further provided that the defendant should keep the speedometers on his trucks in working order; that the plaintiff should read them monthly…