McDaniel v. Chiaramonte
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Me. Chief Justice Eakin. This is a suit by N. M. McDaniel against Rosi Chiaramonte.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Me. Chief Justice Eakin. This is a suit by N. M. McDaniel against Rosi Chiaramonte. The facts are as follows: On October 8, 1910, plaintiff entered into an agreement with defendant to sell her a certain automobile for the price of $3,005.20, of which defendant paid $700 in cash, $100 in ten days, and gave three promissory notes of that date for the balance of the price, namely, one for $300, payable in monthly installments of $100 each, beginning November 8, 1910; one for $300, payable in two installments, namely, $150 on February 8,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1. The first question relates to the character of the transaction as disclosed by the complaint, whether it is a conditional sale or a chattel mortgage.
“The term ‘conditional sale’ is, however, commonly applied to a class of transactions where, by the terms of the contract, the possession of the goods is delivered to the buyer; but the property in them is to remain in the seller until the payment of the price.” 35 Cyc. 652.
The transaction' is none the less a conditional sale, because the defendant is obligated absolutely to pay the price, as that is a…
2Cases cited14 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Heryford v. DavisSupreme Court of the United States · 1880
- Parke & Lacy Co. v. White River Lumber Co.California Supreme Court · 1894
- Ross-Meehan Brake Shoe Foundry Co. v. Pascagoula Ice Co.Mississippi Supreme Court · 1895
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Jeffries v. PankowOregon Supreme Court · 1924
- International Harvester Co. v. BauerOregon Supreme Court · 1917
- Manley Auto Co. v. JacksonOregon Supreme Court · 1925
- Endicott v. DigernessOregon Supreme Court · 1922
- First Nat. Bank v. YocomOregon Supreme Court · 1920
18 more not listed; retrieve them via the Exa API.