Maddox v. Stone

On Motion for Rehearing.

It is contended by movant that the provision in the invoice that title to the automobile was to remain in the seller until all checks or drafts presented in payment had cleared was not *488a contract retaining title but was only a statement of law governing cash sales. The gravamen of the movant’s contention is that the sale was a cash sale and since no credit was extended on the faith of the ownership of the property the lien of the attachment should be subordinated to the rights of the seller. This argument makes mighty good sense. The trouble is it has been made before…