People's Electric Ry. Co. v. McKeen Motor Car Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Oklahoma; Ralph E. Campbell, Judge. Replevin by the McKeen Motor Car Company against the People’s Electric Railway Company and another. Judgment for plaintiff on the pleadings, and defendants bring error.
1Opinion of the Court
HOOK, Circuit Judge.
In an action in replevin by the seller of a chattel under a contract of conditional sale by which he reserved title and the right to possession if the purchase price was not fully paid, the purchaser who had not paid in full set up in defense a breach of implied warranty, a rescission of the contract of sale, and a claim of equitable lien on the chattel or right to retain it until reimbursed for his partial payment and some expenses.
Judgment for the seller was entered on the pleadings.
In cases of, enforcement of contracts of conditional sale, circumstances not infrequently…
2Cases cited5 opinions
- The LottawannaSupreme Court of the United States · 1875
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Ryan v. WaysonMichigan Supreme Court · 1896
- Blair v. A. Johnson & SonsTennessee Supreme Court · 1903
- Fairbanks v. MalloyAppellate Court of Illinois · 1885
3Cited by6 opinions
- National Cash Register Co. v. Stockyards Cash MarketSupreme Court of Oklahoma · 1924
- Smith v. RussellSupreme Court of Iowa · 1937
- Seaboard Surety Co. v. First Nat. Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1941
- In re Imperial Textile Co.District Court, N.D. New York · 1917
- Mills Novelty Co. v. TranseauSuperior Court of Delaware · 1937
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