McArthur v. St. Louis Piano Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Franlclin Ferris, Judge. (1) The statute gives no right to a money judgment. Burt v Mears, 41 Mo. App. 231; Buggy Co. v. Ilord, 65 Mo. App. 38; Barnes v. Rawlings, 74 Mo. App. 531. (2) The statute is in derogation of the common law, and should be strictly construed. Yankee v. Thompson, 51 Mo. 234; Stone v. Kelley, 59 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Franlclin Ferris, Judge. (1) The statute gives no right to a money judgment. Burt v Mears, 41 Mo. App. 231; Buggy Co. v. Ilord, 65 Mo. App. 38; Barnes v. Rawlings, 74 Mo. App. 531. (2) The statute is in derogation of the common law, and should be strictly construed. Yankee v. Thompson, 51 Mo. 234; Stone v. Kelley, 59 Mo. App. 214; Jackson v. Railroad, 87 Mo. 422. (1) Statutes in derogation of the common law are not, as a universal rule, strictly construed. But, on the contrary, when consistent with justice, they should receive such…
1Opinion of the CourtBiggs, J.
— Sections 3412 and 3413, Revised Statutes 1899 provide, that where personal property is sold on the installment plan, and the title is to remain in the vendor until the purchase money is fully paid, it will be unlawful for the vendor, as against the vendee, to resume possession of the property without tendering to the vendee the installments theretofore paid, less a reasonable sum for the use of the-property not exceeding twenty-five per cent of the amounts so paid, and also deducting reasonable compensation for any actual breakage or damage to the property. The pivotal question in the case…
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