Herrington v. Sears, Roebuck & Co.

1. In a suit in trover to recover personal property where the plaintiff relies for the establishment of title upon a written contract with the defendant, whereby the defendant agrees to make certain monthly payments to the plaintiff until the property is paid for, and providing that when the property is paid for it will become the property of the defendant, and where the contract does not indicate the price to be paid for the property, the plaintiff, carrying the burden of proof, can not establish title to the property without proof that the entire purchase-price therefor has not been paid,…