Legal Opinion

Leaf v. Reynolds

Idaho Supreme Court

Decided December 22, 1921PublishedCited by 16 opinions

APPEAL from the District Court of the Eighth Judicial District, for Benewah County. Hon. R. N. Dunn, Judge. Action to recover possession of an automobile or its value in lieu thereof. Judgment for plaintiff.

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APPEAL from the District Court of the Eighth Judicial District, for Benewah County. Hon. R. N. Dunn, Judge. Action to recover possession of an automobile or its value in lieu thereof. Judgment for plaintiff. “Where default is made by a vendee in some of the conditions expressed in a conditional sale of personal property, wherein it was provided that title should not pass to the vendee until all conditions were performed, the vendor is entitled to possession of the property and to choose his own paymaster, and he is not hound to accept any offer of payment from any other person other than the…

1Opinion of the CourtBudge', J.

This action was brought by respondent to recover possession of an automobile, or the value thereof in case possession could not be obtained.

It appears from the record that on May 9, 1918, the Eldridge Buick Company, a Washington Corporation, entered into a conditional sales contract with one E. R. Kelly at Spokane, for the purchase by the latter of a certain Buick automobile, at a purchase price of $925, of which $500 was paid on said date, contemporaneously with the delivery of the ear to Kelly, and the balance of $425 was to be paid in instalments, the first for $53.16 on June 9, 1918, and…

2Cases cited15 opinions

  1. Dickerson v. ColgroveSupreme Court of the United States · 1880
  2. Carpy v. DowdellCalifornia Supreme Court · 1897
  3. Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
  4. Carruthers v. WhitneyWashington Supreme Court · 1909
  5. Exchange State Bank v. TaberIdaho Supreme Court · 1915

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Lewis v. Continental Life and Accident Co.Idaho Supreme Court · 1969
  2. Sweaney & Smith Co. v. St. Paul Fire & Marine InsuranceIdaho Supreme Court · 1922
  3. Tew v. ManwaringIdaho Supreme Court · 1971
  4. Seeley v. Security National BankIdaho Supreme Court · 1925
  5. Neitzel v. LawrenceIdaho Supreme Court · 1924

11 more not listed; retrieve them via the Exa API.

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