Cranston v. Western Idaho Lumber & Bldg. Co.

TAYLOR, J.,

Concurring Specially. — I concur in the result, but upon other grounds than those assigned.

I do not think that the conditional sales contract in issue is subject to the provisions of the uniform sales law. It was a “transaction in the form of a contract to sell or a sale which is intended to operate by way of ... . charge or other security,” specifically exempt from the acts under C. S., sec. 5747. (Mark Means Transfer Co. v. Maokinzie, 9 Ida. 165, 73 Pac. 135.)

I think, however, that the principles of C. S., see. 5693, sought to be applied were applicable under the common law and…