Phillips v. Hollenberg Music Co.
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; Alexander M. Duffie, Judge; The title to the piano has never passed to appellant, and he was not bound to pay for it after it was destroyed by fire. 77 Ga. 501; 94 Mass. 377; in Id. 355; 128 Ala. 162; 1 Benj. Sales, § § 452, 427; 7 Wall. 331; 79 Ala. 547; 88 Id. 605; 70 Me. 288-9; 2 Tex. App.
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Appeal from Hot Spring Circuit Court; Alexander M. Duffie, Judge; The title to the piano has never passed to appellant, and he was not bound to pay for it after it was destroyed by fire. 77 Ga. 501; 94 Mass. 377; in Id. 355; 128 Ala. 162; 1 Benj. Sales, § § 452, 427; 7 Wall. 331; 79 Ala. 547; 88 Id. 605; 70 Me. 288-9; 2 Tex. App. Civil, 152; 63 Fed. 536; 12 Allen; 381; 1 Beach on Contracts, § 773; 48 Ark. 160, 166; 118 U. S. 663; 67 Vt. 427, 430. Where personal property is sold and delivered to'the vendee under agreement that the title is to remain in the vendor until payment, the loss or…
1Opinion of the CourtBattle, J.
Hollenberg Music Company sold to G. F. Phillips a piano for $240, for which the vendee paid, in part, twenty dollars, and agreed to pay the remainder in twenty-seven monthly installments of eight dollars each, at specified times, except the last, which was to be twelve dollars. It was agreed that, “in default of any three or more payments, all payments should become due and payable upon demand of Hollenberg Music Company.” The vendor retained the title to the property until the purchase money was paid. This agreement was reduced to writing. After the vendee had made two payments, and before…
2Cases cited5 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Tufts v. . GriffinSupreme Court of North Carolina · 1890
- Burnley v. TuftsMississippi Supreme Court · 1888
- Tufts v. Wynne & ThompsonMissouri Court of Appeals · 1891
- Osborn v. South Shore Lumber Co.Wisconsin Supreme Court · 1895
3Cited by6 opinions
- Hollenberg Music Co. v. BarronSupreme Court of Arkansas · 1911
- Harley Willis v. StanleySupreme Court of Oklahoma · 1909
- Settles v. StateSupreme Court of Arkansas · 1909
- National Cash Register Co. v. South Bay Club House Ass'nNew York Supreme Court · 1909
- Roach v. WhitfieldSupreme Court of Arkansas · 1910
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