Legal Opinion

Corinth Engine & Boiler Works v. Mississippi Central Railroad

Mississippi Supreme Court

Decided March 15, 1909PublishedCited by 2 opinions

Erom the circuit court of Jefferson Davis county. Hon. Robert L. Bullard, Judge. The Corinth Engine & Boiler Works, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was an action of replevin. It was submitted to the judge, a jury being waived. From a judgment in defendant’s favor plaintiff appeared to the supreme court. The facts are stated in the opinion of the court.

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Erom the circuit court of Jefferson Davis county. Hon. Robert L. Bullard, Judge. The Corinth Engine & Boiler Works, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was an action of replevin. It was submitted to the judge, a jury being waived. From a judgment in defendant’s favor plaintiff appeared to the supreme court. The facts are stated in the opinion of the court. It is well settled in this state that contracts of sale in which the seller retains title to the goods until the buyer pays the full purchase price are good and valid.…

1Opinion of the Court

Whitfield, O; J.,

delivered the opinion of the court

The appellant sold to one Kirby certain machinery and took installment notes for the purchase price, in which this clause occurs: “The express condition of the sale and purchase of said machinery for which this note is given is such that the title, ownership, or possession does not pass from said Corinth Engine & Boiler Works until this note, with interest, is paid in full.” In other words, the notes reserved the title, ownership', and possession until payment in full. The case was submitted to the judge upon an agreed statement of facts,…

2Cases cited3 opinions

  1. Wright v. ShermanSouth Dakota Supreme Court · 1892
  2. Gilson v. GwinnMassachusetts Supreme Judicial Court · 1871
  3. Owen v. Burlington, Cedar Rapids & Northern Railway Co.South Dakota Supreme Court · 1898

3Cited by2 opinions

  1. Metzger v. Columbia Terminals Co.Missouri Court of Appeals · 1932
  2. Swinson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1924

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