Frick Co. v. Tuten

Mr. Chiee Justice Baker

(dissenting) :

Frick Company, plaintiff below and respondent here, brought action seeking the recovery of’ certain machinery, or its value if possession could not be had, which property had been sold by it to appellants under a title retention contract. It was alleged that a certain note given by appellants; defendants below, to respondent, as evidence of a portion of the purchase price of the machinery, was unpaid to the extent of $2,167.67. The note is set out in full in the complaint and contains a provision for the payment of interest to maturity at the rate of 6%…