Smith v. Downs

W. E. Smith is in the garage and motor car business in Clarkston, Washington. August 9, 1954, he sold a Chevrolet pickup truck to R. V. Downs, who took immediate possession. The purchase price was $1,125, and a down payment of $375 was made. The parties executed an instrument (on a form prepared by Universal C.I.T. Credit Corporation) entitled, “Conditional Sale Contract.” Underneath the title was printed, “Idaho, Nevada, New Hampshire, North Dakota, Oregon and Tennessee.” The instrument stated that title to the pickup was retained by the seller until the balance was paid in full. It provided…