Peterson Tractor Co. v. Cal-West Equipment Co.

OPINION

By the Court,

McNamee, J.:

On October 17, 1960 appellant sold to respondent five used Allis Chalmers scrapers under a conditional sales contract in which the seller retained title to secure payment of the purchase price. As additional security the respondent on October 18, 1960 executed a chattel mortgage on two caterpillar tractors. A year later, after default in payment, appellant with the permission of respondent took possession of the scrapers and tractors.

*463The conditional sales contract provided that in the event the purchaser is in default in any payment, the seller may take…