Hobbs v. Smith

delivered tbe opinion of tbe Court.

This suit was brought by tbe conditional vendee of a cow, tbe animal having been reclaimed by tbe conditional vendor, to recover payments made because tbe sale of tbe cow was not advertised within ten days after tbe vendor regained possession. Tbe suit was dismissed by tbe magistrate and by tbe circuit court and, upon appeal, by tbe Court of Appeals. We have granted a petition for certiorari.

Tbe plaintiff testified that be bought tbe cow from one R. E. Smith at a contract price of $40 and executed a note for that sum to said Smith. That title to tbe animal…