Holland v. Peerless Furniture Co.

On November 4, 1936, the Peerless Furniture Company sold to Othel Holland a certain described set of furniture for $89.50, and took a retention-of-title contract from Holland for the same. Holland paid $39.50 on the purchase-price, and then stopped payments. On December 31, 1937, Peerless Furniture Company foreclosed its conditional-sale contract under the Code, § 67-1601. After levy, Holland filed his affidavit of illegality, and alleged that at the time he made the purchase and at the time of the foreclosure he was a minor and' had never been emancipated; that the contract was subject to…