Weinstein v. Freyer
Supreme Court of Alabama
Statutory Detimoe for Piano. Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by F. L. Freyer against I. H. Weinstein, to recover a piano, which the plaintiff (or Freyer & Co.) had sold to one Paul Franklin, and which the defendant claimed by purchase from said Franklin.
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Statutory Detimoe for Piano. Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by F. L. Freyer against I. H. Weinstein, to recover a piano, which the plaintiff (or Freyer & Co.) had sold to one Paul Franklin, and which the defendant claimed by purchase from said Franklin. The sale by Freyer & Co. to Franklin was made in Georgia, October 29th, 1885, as evidenced by a written contract which reserved the title to the seller until the agreed price was paid. After the lapse of about two years and a half, Franklin removed to Birmingham,…
1Opinion of the Court
CLOPTON, J.'
— By the written contract introduced in evidence, Freyer & Co. agreed to sell the piano in controversy to Paul Franklin, for three huudred dollars, payable in installments, stipulating that the title and ownership should remain in them until the entire purchase-money is paid, and reserving the right, in case of default in the payment of any part *259thereof, and the failure of Franklin to return the property on demand, to take possession by legal process. Such contract being, according to our later decisions, a conditional sale, the title does not pass until the contract price is…
2Cases cited7 opinions
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Jones v. JonesSupreme Court of Alabama · 1850
- Edgerly v. . BushNew York Court of Appeals · 1880
- Sumner v. WoodsSupreme Court of Alabama · 1880
- Fairbanks, Morse & Co. v. Eureka Co.Supreme Court of Alabama · 1880
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3Cited by25 opinions
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Warren v. LiddellSupreme Court of Alabama · 1895
- Pulaski Mule Co. v. Haley & KoonceSupreme Court of Alabama · 1914
- Hart v. Oliver Farm Equipment Sales Co.New Mexico Supreme Court · 1933
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