Parker Appliance Co. v. Co-Operative MacHinery Co.

The original action in this case was an equitable one to foreclose a lien arising by reason of a contract of conditional sale, among the provisions of which was contained a waiver of Section 8570, General Code.

The paramount question for determination is whether the vendor of chattel property claiming to' have a lien, by reason of a conditional contract of sale, may maintain a suit in foreclosure in a court of equity without complying with the terms of Section 8570, General Code.

It is to be noted that this is not an action at law for judgment on notes given at the time of the execution of the…