D'Aprile v. Turner-Looker Co.

The defendant sold personal property to the plaintiff. Title to the goods passed to the buyer. Under section 135 of the Personal Property Law, the seller had a right, denominated a hen, to retain possession of the goods until payment or tender of the price. It exercised this right, and while still in possession of the goods it brought an action for the price. By bringing this action, the seller did not lose its hen, for even a judgment for the price would not have this effect. (Personal Property Law, section 137.) The seller’s hen or right of possession carries with it a right to resell the…