Wright v. Horton
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. F. J. Cowen, Judge. Action on conditional sale contract. Judgment for plain* tiff. The note upon which this action is brought is non-negotiable. ■(Kimpton v. Studeb alter Bros. Co., 14 Ida. 552, 125 Am. St. 185, 14 Ann.
Read the full summary
APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. F. J. Cowen, Judge. Action on conditional sale contract. Judgment for plain* tiff. The note upon which this action is brought is non-negotiable. ■(Kimpton v. Studeb alter Bros. Co., 14 Ida. 552, 125 Am. St. 185, 14 Ann. Cas. 1126, 94 Pac. 1039.^ In a ease of this character there is no sale of the property, but only an agreement for sale. {Pease v. Teller Corporation, 22 Ida. 807,128 Pac. 981.) After retaking or recovering the property under a contract of this kind for a default of the buyer, the seller…
1Opinion of the CourtMorgan, C. J.
The facts of this case necessary to an understanding of the question of law decided are that W. H.' Horton purchased an automobile from Carl Snodgrass and in part payment therefor executed and delivered to him two conditional sale contracts incorporated in one of which was a promissory note for $300 and in the other a like note for $900. His wife, Hattie Horton, was a joint maker of the contracts and the one containing the $900 note was, some time after its delivery, indorsed by their sons, C. W- Horton and *518Harry Horton. Two of the conditions of these contracts were: Snodgrass retained title…
Also in this document: Concurrence.
2Cases cited2 opinions
- Atkinson v. JapinkMichigan Supreme Court · 1915
- Kimpton v. Studebaker Bros.Idaho Supreme Court · 1908
3Cited by2 opinions
- Martin v. McAvoyWashington Supreme Court · 1924
- Naylor v. SimmonsIdaho Supreme Court · 1920