Jenkins v. Franks

On Petition por Rehearing.

HOWARD, J.

The plaintiff has filed a petition to rehear, asking the Court to pass upon the validity or invalidity of the Conditional Sales Contract.

This matter is not an issue in this case for the reason that the judgment of the Court would have to be for the plaintiff, regardless of the validity or invalidity of the Conditional Sales Contract. Any remarks the Court might make on this subject would necessarily be dicta.

The Conditional Sales Law of Tennessee, 1932 Code, Section 7286 et seq., contemplates that upon default a conditional seller may recover possession of…