Thompson Co. v. Murphine

The plaintiff seeks to recover from the defendants a balance due upon the purchase price of books, under a sale contract which contemplated delivery of the books to them and payment to the plaintiff therefor, in installments. A trial before the court, a jury being waived, resulted in findings and judgment in favor of the defendants, from which the plaintiff has appealed.

By the terms of the sale contract, which was in writing, it was expressly agreed that the “right of property” in the books should remain in appellant “until the same are wholly paid for.” The books were delivered by appellant…