Mohler v. Guest Piano Co.
Supreme Court of Iowa
Appeal from Polk District Cowt. — W. H. McHenry, Judge. The parties contracted that the Piano Company should retain title to a piano delivered to appellant, Mohler ; that the instrument should be paid for in partial payments; and that, on default in such payments, the company might repossess itself of the instrument. Payments were defaulted, and possession accordingly taken.
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Appeal from Polk District Cowt. — W. H. McHenry, Judge. The parties contracted that the Piano Company should retain title to a piano delivered to appellant, Mohler ; that the instrument should be paid for in partial payments; and that, on default in such payments, the company might repossess itself of the instrument. Payments were defaulted, and possession accordingly taken. In this suit, appellant sought to recover all the payments she had made before the instrument was retaken. Demurrer to her petition was' sustained, and she appeals.
1Opinion of the CourtSalinger, J.
I. As a supersession to the contract originally made, the parties made a second one. The price was $325. The first contract was made on April 15, 1909; the second on April 28, 1911. At the time the second one was made, the payments then made amounted to about $116.26. The second contract took no account of part of this payment made. The total payments, including said' $116.26, aggregate $277.25. Counting time of possession most favorably to appellant, by starting in from the time the second contract was made, and she had possession of the instrument from April 28, 1911, to the time at which…
2Cases cited37 opinions
- Hansbrough v. PeckSupreme Court of the United States · 1867
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Reiger v. TurleySupreme Court of Iowa · 1911
- Hicks v. LovellCalifornia Supreme Court · 1883
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
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3Cited by14 opinions
- McLain v. SmithSupreme Court of Iowa · 1925
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- Smith v. RussellSupreme Court of Iowa · 1937
- Brenton Bros. & Leach v. HillSupreme Court of Iowa · 1924
- Niman v. Story & Clark Piano Co.Michigan Supreme Court · 1921
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