Van Arsdale v. Peacock

The opinion of the court was delivered by

Benson, J.:

The question in this appeal is whether the plaintiff as mortgagee, or the piano company, has the right to the possession of a piano upon the follow*348ing facts: A. E. DeMars, a piano dealer of Wichita, sent the following order, dated April 15, 1911, to the company:

“Ship to A. E. DeMars.

Place, Wichita, Kans.

How ship, Santa Fe. When, at once.

The terms, Net cash, 30 days with 1% per cent per month thereafter.

This order is subject to the conditions as noted on the reverse side of this sheet. This order is subject to the approval and acceptance of…