Maitland v. Republic Refining Co.

Opinion by

PINKHAM, C.

This action was instituted by the' plaintiff in error, as plaintiff, against the defendants in error, as defendants, to foreclose a certain instrument as a chattel .mortgage.

The case was tried to the court upon an agreed statement of facts.

It appears that the plaintiff sold to the defendants J. D. McMahon and Federal Refining Company., a corporation, certain oil refinery stills and a boiler, and .to secure certain payments took an instrument, termed “order and purchase agreement,” 'and which instrument is termed by plaintiff and conceded by the defendant Republic Refining…