Hollenberg Music Co. v. Berry
Supreme Court of Arkansas
Appeal from Craighead Circuit Court; Frank Smith, Judge; statement by the court. Appellant brought suit in replevin for a piano, alleging in its complaint that it had contracted to sell to the appellee a certain piano, under a written contract, on the installment plan, with retention of title. That there was a default in the payment at maturity of certain of the installments, whereupon the appellant was entitled to possession and damages for the retention of the instrument.
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Appeal from Craighead Circuit Court; Frank Smith, Judge; statement by the court. Appellant brought suit in replevin for a piano, alleging in its complaint that it had contracted to sell to the appellee a certain piano, under a written contract, on the installment plan, with retention of title. That there was a default in the payment at maturity of certain of the installments, whereupon the appellant was entitled to possession and damages for the retention of the instrument. The usual allegations in replevin were made. Appellee answered, admitting execution of the contract, denying right of…
1Opinion of the Court
Wood, J.,
(after stating the facts). The only question here is whether mere knowledge on the part of the seller that the buyer intends to put the thing sold to an unlawul use, or, as in this case, to use it in the same place where an unlawful or immoral business is carried on, avoids the contract on grounds of public pplicy.
In the absence of proof that the piano was used or to be used by the terms of the contract in connection with the illegal business of keeping the bawdy house, or that the use of the piano by appellee was inseparable from the business, which fact appellant knew, or that…
2Cases cited4 opinions
- Tatum v. KelleySupreme Court of Arkansas · 1868
- Hanauer & Co. v. GraySupreme Court of Arkansas · 1869
- Parsons Oil Co. v. BoyettSupreme Court of Arkansas · 1884
- Ruddell v. LandersSupreme Court of Arkansas · 1868
3Cited by2 opinions
- Potomac Leasing Co. v. Vitality Centers, Inc.Supreme Court of Arkansas · 1986
- Belmont v. Jones House Furnishing Co.Supreme Court of Arkansas · 1910