Schmidt v. Ackert
Massachusetts Supreme Judicial Court
- Contract to recover a balance alleged to be due on a sale to the defendant, by the plaintiff’s husband and through a third person the plaintiff’s assignor of certain livery stable property and equipment for $4,000, the defendant being credited with payments amounting to $2,288.63, and to recover also compensation for the use of the plaintiff’s property by the defendant.
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- Contract to recover a balance alleged to be due on a sale to the defendant, by the plaintiff’s husband and through a third person the plaintiff’s assignor of certain livery stable property and equipment for $4,000, the defendant being credited with payments amounting to $2,288.63, and to recover also compensation for the use of the plaintiff’s property by the defendant. Writ dated November 25, 1914. The declaration contained two counts, the first for the amount alleged to be due on certain unpaid promissory notes amounting to $1,711.37, and the second count to recover for the value of the…
1Opinion of the CourtDe Coubcy, J.
In substance the agreement between the plaintiff’s assignor and the defendant contemplated the sale of horses, carriages and other livery stable property and equipment for the sum of $4,000. Five hundred dollars was to be paid at the time of the sale, November 2,1911, and the balance in monthlyinstalments of $140, according to certain promissory notes given by the defendant. On the payment of the full amount the goods and chattels were to become the absolute property of the defendant. Although framed in the language of a lease, The contract plainly was one of conditional sale. Hurnanen v.…
2Cases cited5 opinions
- Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
- Frisch v. WellsMassachusetts Supreme Judicial Court · 1909
- Hurnanen v. NicksaMassachusetts Supreme Judicial Court · 1917
- Whitney v. AbbottMassachusetts Supreme Judicial Court · 1906
- Haynes v. TempleMassachusetts Supreme Judicial Court · 1908
3Cited by13 opinions
- Russell v. MartinMassachusetts Supreme Judicial Court · 1919
- Commercial Credit Corp. v. GouldMassachusetts Supreme Judicial Court · 1931
- Loomis v. PeaseMassachusetts Supreme Judicial Court · 1919
- Bedard v. C. S. Ransom, Inc.Massachusetts Supreme Judicial Court · 1922
- A & H Finance Corp. v. GoldmanMassachusetts Supreme Judicial Court · 1936
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