Sacra v. Semple
Texas Commission of Appeals
Appeal from Grayson county. Opinion by Walker, P. J. Statement.— This suit was brought by the appellees against the appellant for the recovery of the value of a threshing machine, or damages for its conversion, which they sold and delivered to one Enfield; the petition alleg-. ing that the said Enfield gave them his note fpr $400, payable six month's after date, another of $100, payable.at thirty days, and $100 cash, as the consideration of the purchase.
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Appeal from Grayson county. Opinion by Walker, P. J. Statement.— This suit was brought by the appellees against the appellant for the recovery of the value of a threshing machine, or damages for its conversion, which they sold and delivered to one Enfield; the petition alleg-. ing that the said Enfield gave them his note fpr $400, payable six month's after date, another of $100, payable.at thirty days, and $100 cash, as the consideration of the purchase. The plaintiffs allege that it was expressly agreed between the parties, and made a condition of the sale, that the title to the machine was…
1Opinion of the Court
Opinion.— The only questions that .seem to require consideration, or, indeed, to which the appellants’ counsel appear, in their brief, to attach importance, are, whether the contract between the plaintiffs and Enfield was, in legal effect, a conditional sale, or whether it was a chattel mortgage; and also whether a demand by the plaintiffs on defendant for the property, before suit, was necessary.
*646The contract which was entered into between the parties constitutes, in the clearest and most unmistakable manner, a conditional sale. If, by the express terms of a contract for the sale of property,…
2Cases cited1 opinion
- Brewster v. BakerNew York Supreme Court · 1855
3Cited by1 opinion
- Packard North Texas Motor Co. v. Franklin Motor Co.Court of Appeals of Texas · 1927