National Equipment Corp. v. Moore

HOLT, Justice.

Plaintiff appeals from the order denying its motion in the alternative for judgment notwithstanding the verdict or a new trial.

In the spring of 1930 plaintiff sold and delivered to defendants under the terms of a conditional sales contract two dumptors, complete with tAvin gasolene power, five-yard capacity dump bodies and hydraulic hoists, for the price of $11,300. The title was to remain in plaintiff until fully paid. The contract provided that upon default in the payment of any instalment plaintiff could repossess the dumptors. There was a default, and plaintiff repleAded the…