Maxwell v. Tufts
New Mexico Supreme Court
Error, from a judgment for plaintiff, to the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. “Where the transaction between the parties is in reality and in its legal effect a contract of sale, conditional upon the payment of the purchase price in sueeessive installments, it can not be modified, nor its legal effects avoided by the fact that they speak of it as a ‘lease’ and call the installments ‘rent.’ ” 3 Am. and Eng.
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Error, from a judgment for plaintiff, to the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. “Where the transaction between the parties is in reality and in its legal effect a contract of sale, conditional upon the payment of the purchase price in sueeessive installments, it can not be modified, nor its legal effects avoided by the fact that they speak of it as a ‘lease’ and call the installments ‘rent.’ ” 3 Am. and Eng. Ency. Law, 426, and note'5. See, also, Hervey v. Locomotive Works, 93 U. S. 664, citing McCormack v. Hadden, 37 111. 370;…
1Opinion of the CourtBantz, J.
This is an action in replevin, brought to recover possession of a soda fountain and apparatus. The cause was tried before the court without a jury, upon a stipulation as to the facts. Burgess & Son gave their notes, and acquired the property from Tufts under what is usually described as a “conditional sale.” The controlling clause is as follows: “It is understood and agreed by and between us and the said James W. Tufts that the title to the above mentioned property does not pass to us, and that until all said notes are paid the title to the aforesaid property shall remain in the said James W.…
2Cases cited8 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Segrist v. CrabtreeSupreme Court of the United States · 1889
- Buckmaster v. SmithSupreme Court of Vermont · 1850
- Tufts v. ThompsonMissouri Court of Appeals · 1886
- Bean v. . EdgeNew York Court of Appeals · 1881
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3Cited by2 opinions
- Allison v. NiehausNew Mexico Supreme Court · 1940
- Hesselden v. KarmanNew Mexico Supreme Court · 1960