Ballinger v. West Publishing Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decree of tbe Supreme Court of the District of Columbia bolding an equity court, enforcing a lien upon goods which were the subject of a conditional sales contract. Tbe Court in tbe opinion stated the facts as follows: This appeal is from a decree of the supreme court of tbe District of Columbia foreclosing a lien under a conditional sale.
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Hearing on an appeal from a decree of tbe Supreme Court of the District of Columbia bolding an equity court, enforcing a lien upon goods which were the subject of a conditional sales contract. Tbe Court in tbe opinion stated the facts as follows: This appeal is from a decree of the supreme court of tbe District of Columbia foreclosing a lien under a conditional sale. Appellant, Webster Ballinger, defendant below, purchased law books from plaintiff publishing company, and entered into a contract whereby it was expressly provided that tbe title to the books should remain in plaintiff until paid…
1Opinion of the CourtJustice Van Orsdel
The important question is whether the remedy adopted is open to plaintiff. Defendant insists that plaintiff was limited to an election either to sue at law for the balance due or to take *51the books, defendant forfeiting the amount paid thereon. This contention has support. It has been held that the vender, upon the breach of the condition, may elect either to treat it as an absolute sale, and sue for the price, or to treat the sale as a nullity and retake the property; but he cannot do both. Sanders v. Newton, 140 Ala. 335, 37 So. 340, 1 Ann. Cas. 267. The law as to the rights of the parties…
2Cases cited12 opinions
- Walker v. BrownSupreme Court of the United States · 1897
- Ingersoll v. CoramSupreme Court of the United States · 1908
- Southern Ice & Coal Co. v. AlleyTennessee Supreme Court · 1912
- McDaniel v. ChiaramonteOregon Supreme Court · 1912
- Campbell Printing Press & Manufacturing Co. v. PowellTexas Supreme Court · 1890
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3Cited by7 opinions
- District of Columbia v. Hamilton Nat. Bank of WashingtonDistrict of Columbia Court of Appeals · 1950
- Zweig v. SchwartzDistrict of Columbia Court of Appeals · 1943
- Anna Herman v. Anacostia Chrysler-Plymouth, Inc.Court of Appeals for the D.C. Circuit · 1965
- Cutler v. CooperDistrict of Columbia Court of Appeals · 1953
- Marvins Credit, Inc. v. MorganDistrict of Columbia Court of Appeals · 1952
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