Wiggins v. Snow

Defendant and one Max Schimmeyer entered into a contract, by which Schimmeyer agreed to construct and deliver to defendant a whirligig complete, with all its appurtenances, for the sum of $1,900, $500 in cash, and the balance in monthly payments of $100 each. The contract contained certain other conditions, immaterial to the issue here. It also contained the following:

“The title in and to said whirligig is to be and remain in said Max Schimmeyer until all the payments, interest mentioned herein, are fully paid."

Defendant paid Schimmeyer something over $900 in cash. Schimmeyer did not fulfill…