Barrett v. Distributors Group Inc.

Ground one of the general demurrer was based on the contention that the conditional-sale contract did not con tain a valid and enforceable provision authorizing the plaintiff to repossess and resell the property covered by the contract. The plaintiff in error contends that this is so because the contract contained a provision that, should the vendor repossess the property, it could retain all prior payments as partial compensation for its use. This provision for forfeiture of the prior payments as rent or compensation for use has been ruled unenforceable. Helen Lumber Co. v. Industrial Loan…