Peterson v. Johnson

The question presented by this appeal may be stated as follows: May the vendor of personal property, sold on conditional sale contract, maintain a replevin action against the duly appointed and qualified special administrator in possession thereof, when the deceased vendee was at the time of his death in default in his payments, but the vendor had not, prior to the vendee’s death, declared his intention to forfeit the vendee’s rights under the contract nor taken any legal steps to terminate the contract? The trial court answered this question in the negative and sustained defendant’s demurrer…