Baker v. Brown & Thomas Auto Co.

The controversy of fact between the plaintiff buyer and the defendant seller turned upon the point as to whether there had been a delivery of the automobile to the plaintiff, and whether the seller, after delivery, retained possession with the consent of the buyer for the purpose of securing himself for the payment of the same. Both of these issues of fact the jury must have found unestablished and hence in favor of the plaintiff. We have then upon the facts an ex-ecutory sale of this automobile, neither title nor possession having passed to the buyer from the seller. Under these…