Emerson-Brantingham Implement Co. v. Arrington

It is the settled law in this state that the vendor in a conditional «ale of chattels, who successfully asserts his right to repossess the property,' thereby abandons his right to recover the purchase price. Sandlin v. Maury Nat. Bank, 210 Ala. 349, 98 So. 190; Sanders v. Newton, 140 Ala. 335, 37 So. 340, Ann. Cas. 267. This principle is very generally recognized by the American courts. 24 R. C. L. 491, § 785.

The proposition presented by defendant’s special plea numbered 8 is that when a conditional vendor has exercised his right to repossession by taking from the vendee a part of the…