General Motors Acceptance Corp. v. Hanahan

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an action in claim and delivery for the possession of two automobiles. The plaintiff claims as the assignee of conditional sale contracts or mortgages;' the defendant as landlord under a distress warrant for unpaid rent. Two cars are involved, under separate conditional sale contracts or mortgages; it will be convenient to consider one of such contracts; the conclusions as to it being applicable to the other as well.

The facts appear to be as follows:

On March 22, 1926, one Thomason purchased an Oakland car from Dixie Motors,…