Clark v. a & J TRANSPORTATION CO. INC.

The question for decision is whether the conditional sale agreement here involved satisfied the requirements of G. L. (Ter. Ed.) c. 255, § 13A, as appearing in St. 1939, c. 509, § 1. The controversy is between the conditional vendor, hereinafter called the plaintiff, and a subsequent mortgagee, hereinafter called the defendant.

The facts are these. On April 9, 1952, the plaintiff sold to the A & J Transportation Co., Inc., two tracks under a conditional sale agreement whereby the plaintiff retaihed title to the trucks until the balance of the purchase price was paid in full. The unpaid balance…