Bates-Crumley Chevrolet Co. v. Brown

Plaintiff sold and delivered to defendants an automobile for tlie price of $501, on terms recited in the written act of sale as follows: $200 on or before delivery, leaving a deferred balance of $301, for which purchasers executed one note. To secure the payment of the note the seller reserved the vendor’s lien, and the purchasers granted a chattel mortgage upon the automobile.

While the act does not so disclose, the pleadings and testimony in this case show that the purchasers, defendants herein, instead of paying the $200 in cash to cover the recited cash part of the consideration,…