Rutherford v. Allen Parker Co.

TERRELL, Acting Chief Justice.

The point for determination in this case is whether or not the holder of a retain-title or conditional sale contract on an automobile is liable in damages to a third party for injuries sustained in the negligent operation of said automobile by the purchaser.

There is no dispute about the facts. No question as to non-joinder or misjoinder of parties is raised. It is shown that the action was brought directly against the holder of the retain-title or conditional sale contract and not against the purchaser and operator of the automobile.

On a motion to1 dismiss…