Baribault v. Robertson

The plaintiff’s lien being valid in Massachusetts where it was created will be enforced in this state, although the conditional sale agreement was not recorded (Dorntee Casket Co. v. Gunnison, 69 N. H. 297; Goudie v. Company, 81 N. H. 88); and, being prior in time, takes precedence over the defendants’ lien. Sargent v. Usher, 55 N. H. 287.

There is nothing in the language of the conditional sale agreement which would justify a contrary conclusion. Clearly, a covenant by the purchaser that he will give the seller forty-eight hours notice before having any work done on the automobile involves no…