Alfred Fox Piano Co. v. Bennett
Supreme Court of Connecticut
Action to recover the unpaid balance of the purchase price of a piano, with interest, brought to and tried by the Court of Common Pleas in Fairfield County, Booth, facts found and judgment rendered for the plaintiff for $571, from which the defendant appealed.
1Opinion of the CourtWheeler, C. J.
The plaintiff sold the defendant’s decedent a piano under a conditional bill of sale, the last paragraph of which reads as follows: “It being understood and agreed that the said party of the first part [vendor], at its option, may treat this agreement to sell as a sale in fact, and be entitled to recover any balance due thereon. ”
The complaint alleged that the plaintiff exercised its option to treat the conditional agreement as a sale. The bringing of this action was an election by plaintiff to treat the conditional agreement as a sale of the piano, without notice to decedent of such election…
2Cases cited3 opinions
- Crompton v. BeachSupreme Court of Connecticut · 1892
- Beach's Appeal from CommissionersSupreme Court of Connecticut · 1890
- Irving v. ShetharSupreme Court of Connecticut · 1899
3Cited by6 opinions
- Cleaveland v. GabrielSupreme Court of Connecticut · 1962
- Hartlin v. CodySupreme Court of Connecticut · 1957
- Kelly v. City of WaterburySupreme Court of Connecticut · 1921
- Wykowski v. PrestiConnecticut Appellate Court · 1986
- Gregory v. BrettConnecticut Superior Court · 1961
1 more not listed; retrieve them via the Exa API.