Frisch v. Wells
Massachusetts Supreme Judicial Court
Replevin of a watch and chain. Writ in the Police Court of Lynn dated January 29,1906. On appeal the case was tried before Fox, J. It appeared that the watch and chain with five other articles of jewelry were included in the terms of a contract of conditional sale between the plaintiff and one Meyer Krasner.
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Replevin of a watch and chain. Writ in the Police Court of Lynn dated January 29,1906. On appeal the case was tried before Fox, J. It appeared that the watch and chain with five other articles of jewelry were included in the terms of a contract of conditional sale between the plaintiff and one Meyer Krasner. The contract, called a “ lease,” provided that the price of the articles therein described should be $160, which Krasner should pay by instalments, and, upon payment of the full amount by Krasner, the plaintiff agreed “ to give a bill of sale for said goods, and it is mutually understood…
1Opinion of the CourtBraley, J.
Under the contract, title to the replevied chattels was not to pass to the vendee until the purchase price had been fully paid and a bill of sale given. But, after having paid a part by instalments, his failure to make other payments was a breach which entitled the vendor who had not broken the contract either to treat it as an agreement for goods sold and delivered and to sue at once for the price, or in tort for conversion, or in replevin for their specific recovery. Bailey v. Hervey, 135 Mass. 172. Brown v. Magorty, 156 Mass. 209. White v. Solomon, 164 Mass. 516, 518. Smith v. Aldrich, 180…
2Cases cited10 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1892
- Cooper v. CooperMassachusetts Supreme Judicial Court · 1888
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
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3Cited by35 opinions
- Hewitt v. HayesMassachusetts Supreme Judicial Court · 1910
- Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
- Stewart & Holmes Drug Co. v. ReedWashington Supreme Court · 1913
- Russell v. MartinMassachusetts Supreme Judicial Court · 1919
- Commercial Credit Corp. v. GouldMassachusetts Supreme Judicial Court · 1931
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