Mogul v. Boston Acceptance Co. Inc.

The only question in this case is whether a - certain conditional sale contract contained the provision required by G. L. (Ter. Ed.) c. 255, § 13A, as appearing in St. 1939, c. 509, § 1, that in case of repossession and sale all sums paid on account of the price and any sum remaining from the proceeds of sale after deducting “the reasonable expenses of such repossession and sale” 1 shall be applied in reduction of the price.

If such a provision was not included the condition of the sale was invalid, and no security title remained in the conditional vendor. Lehan v. North Main Street Garage,…