Chubb v. Baldwin Piano Co.

This appeal is from an order of the district court of Burleigh county denying plaintiff's motion for judgment notwithstanding the verdict.

The defendant sold a piano to plaintiff. Only a portion of the price was paid at the time of purchase. For the balance the defendant took an instalment note secured by a conditional sale contract, or chattel mortgage, the particular character of which is immaterial to the determination of this appeal. This instrument so taken provided that in default of payment as stipulated therein the defendant was authorized to retake the piano and sell it in…