Cable Piano Co. v. Estes
Supreme Court of Alabama
Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Action by the Cable Piano Company against W. D. Estes. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The contract was the usual conditional sales contract retaining title in the seller until the amount due was paid, and providing for retaking the property in case of a failure to pay the notes when due.
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Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Action by the Cable Piano Company against W. D. Estes. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The contract was the usual conditional sales contract retaining title in the seller until the amount due was paid, and providing for retaking the property in case of a failure to pay the notes when due. Plea -E sets up the exchange of any organ for the piano and an agreement with one Sosebee, the agent selling the piano, to take on the defendant as a…
1Opinion of the CourtThomas, J.
The action was of detinue, in two counts, based upon an alleged conditional sale contract in writing. The contract purporting to retain title to property sued for is exhibited as a part of count two. Demurrer eliminated all of defendant’s pleas except the general issue and special plea P.
[1, 2] In this state it is the law that a reservation of title is more than a lien in the holder of the title. The reservation prevents the title from vesting in the party contracting for the purchase until its purchase price is fully paid. And on default detinue is a proper remedy for its repossession by the…
2Cases cited14 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- American Amusement Co v. East Lake Chutes Co.Supreme Court of Alabama · 1911
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- George M. Muller Manufacturing Co. v. First National BankSupreme Court of Alabama · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sanjay, Inc. v. Duncan Const. Co., Inc.Supreme Court of Alabama · 1983
- Friedlander Bros. v. DealSupreme Court of Alabama · 1928
- Sar Manufacturing Co. v. Dumas Bros. Mfg.Court of Appeals for the Fifth Circuit · 1976
- Emerson-Brantingham Implement Co. v. ArringtonSupreme Court of Alabama · 1927
- Loudonville Milling Co. v. DavisSupreme Court of Alabama · 1948
8 more not listed; retrieve them via the Exa API.