Bolinger v. National Cash Register Co.

OPINION

By HORNBECK, J.

The question for our consideration is, did the taking of judgment in the J. P. Court by the vendor against the vendee for the balance due on the note for the purchase price of the cash register, the issuance of execution out of said court upon which no levy was made, constitute an election of a remedy inconsistent with the present suit to enforce an equitable lien.

We have here a special conditional sales contract under which the total balance due was unpaid when judgment was taken. Under the ordinary sales contract, namely, where the rights of the parties are not made…