McMullan v. Community Acceptance Corp.

Gardner, J.(1) On September 25, 1947, one Byron A. Lewis purchased a secondhand Packard automobile from Clarence M. McMullan, doing business as McMullan Motors, whom we shall call the defendant. The defendant received from the purchaser a conditional-sales contract retaining title to the automobile. Lewis gave in exchange for the Packard a Ford automobile valued at $270. The balance of the purchase price, including carrying charges, was $403.44 divided into twelve consecutive monthly instalments of $33.62 each, beginning October 25, 1947. On the same date the automobile was purchased by Lewis…