McKimmie v. E. E. Forbes Piano Co.
Supreme Court of Alabama
Detinue. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Detinue by E. E. Forbes Piano Company against R. F. McKimmie, to recover a piano sold by plaintiff to> one Pelbam under a contract retaining’ title in the seller until the purchase price is fully paid. The piano was sold by Pelham to the present appellant. There was judgment for plaintiff and defendant appeals.
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Detinue. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Detinue by E. E. Forbes Piano Company against R. F. McKimmie, to recover a piano sold by plaintiff to> one Pelbam under a contract retaining’ title in the seller until the purchase price is fully paid. The piano was sold by Pelham to the present appellant. There was judgment for plaintiff and defendant appeals. The only error assigned is as to- the action of the court in overruling appellant’s demurrer to special replication 2 to plea 2. In support of the insistence attention is directed to. — secs. 1477-8, Code…
1Opinion of the CourtDenson, J.
This is an action of detinue, brought by the plaintiff to recover possession of a piano. The instrument was sold by the plaintiff in 1903 to one Pelham for $350, of which sum $250 was paid in cash, and Pel-ham executed a note to plaintiff for $100, the balance of the purchase price agreed to be paid. By the terms of the note the title to the piano is retained in the plaintiff until the note is paid. This constitutes a conditional sale. — Riley v. Dillon & Pennell, 148 Ala. 283, 41 South. 768.
*261In 1905 Pelham sold the piano to the defendant, who was in possession when the suit ivas commenced. In…
2Cases cited5 opinions
- Lee v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Winter v. Mobile Savings BankSupreme Court of Alabama · 1875
- Barbour v. Washington Fire & Marine InsuranceSupreme Court of Alabama · 1877
- Riley v. DillonSupreme Court of Alabama · 1906
- Brock v. ForbesSupreme Court of Alabama · 1899
3Cited by2 opinions
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
- Perkins v. SkatesSupreme Court of Alabama · 1929