Ceabuske v. Smolarz

Plaintiff sold his retail grocery and meat stock and business, together with the tools and store fixtures, to defendants on a title retaining contract. For the balance of the purchase price plaintiff accepted defendants’ note for $2,500. Defendants ran the business for a time and then sold it, with plaintiff’s consent, to one Schadel. Schadel gave plaintiff his note for $2,500, and later gave a chattel mortgage on the stock to secure it, but plaintiff did not surrender defendants’ note. Schadel was not successful. He was soon in bankruptcy. Failing to receive his pay from Schadel, plaintiff…