Johnson v. Durnell, Sheriff

I dissent. The facts are stated in the prevailing opinion.

If the plaintiff, Johnson, were the owner of the truck body levied upon by the sheriff, he is entitled to recover and the judgment should be affirmed.

Under the contract held by the C. I. T., Miner never became the owner of the truck or body. If at the time the C. I. T. took possession of the chassis and failed to get the truck body because it could not be found, under any construction title would not pass to him.

Under the contract title was not to pass to Miner until payment. Under a cancellation or rescission of the contract Miner was…