Rice v. Lusky Furniture Co.

This is a suit by the conditional vendee of certain personal property against his conditional vendor, the latter having regained possession of the property, to recover the amount of the payments made by the vendee. The suit was dismissed by the trial' judge and the plaintiff has appealed in error.

The facts of the ease and the issue presented for decision appear in the stipulation upon which the case was tried, as follows:

“The plaintiff purchased furniture by Conditional Sales Contract in May, 1930', from the defendant, totaling $468.50. He made payments to the plaintiff reaching an aggregate…