Blake-Silkwood Motor Co. v. Spires

Mr. Presiding Justice Barry

delivered the opinion of the court.

On August 30,1921, the Blake-Silkwood Motor Company sold a Buick car to' a Mr. Felcher who made a cash payment and gave a note and mortgage to secure the balance of the purchase price.. The nóte was payable in ten monthly payments, the last of which was due June 30,1922. Early in 1922, Mr. Felcher bought a new car from Bidwell & Crawford and turned in-the Buick car as part payment. Bidwell & Crawford knew there was a mortgage on the Buick car but relied upon Mr. Felcher’s promise that he would clear it. On April 29, 1922, Bidwell &…