Freed Furniture & Carpet Co. v. Sorensen
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Now. T. D. Leivis, Judge. Action to recover the possession of certain chattels or their value. From a judgment in favor of the plaintiff, tiie defendant appealed.
Read the full summary
Appeal from the Third District Court, Salt Lake County. — Now. T. D. Leivis, Judge. Action to recover the possession of certain chattels or their value. From a judgment in favor of the plaintiff, tiie defendant appealed. All of said contracts contain provisions authorizing plaintiff, under certain conditions, to declare the note due and payable at once, and to take possession of, and sell the property, ‘‘ and from the proceeds of such sale pay the balance then due on said note, together with all costs for the taking and selling of said property, holding the residue, if any there shall be,…
1Opinion of the Court 1
The case having been stated as above,
2Opinion of the Court · StraupStraup, J.
The correctness of the court’s ruling must depend upon whether the note or agreement of January 11, 1901, and those subsequent thereto (except the one of November 17, 1902) are conditional sale contracts, or *4281 whether they are absolute sales, with mortgage hack for the purchase price; for the law is firmly established in this court that conditional sale contracts are valid, not only as between the parties to the contract, hut also, in the absence of fraud, as to third parties, and do not fall within the chattel mortgage act. Russell v. Harkness, 4 Utah 197,…
3Cases cited24 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Heryford v. DavisSupreme Court of the United States · 1880
- Van Allen v. FrancisCalifornia Supreme Court · 1899
- Palmer v. HowardCalifornia Supreme Court · 1887
- Keystone Manufacturing Co. v. CasselliusSupreme Court of Minnesota · 1898
19 more not listed; retrieve them via the Exa API.
4Cited by12 opinions
- Stillman v. LynchUtah Supreme Court · 1920
- McDaniel v. ChiaramonteOregon Supreme Court · 1912
- Washburn v. Inter-Mountain Mining Co.Oregon Supreme Court · 1910
- Studebaker Bros. Co. of Utah v. WitcherNevada Supreme Court · 1921
- Studebaker Bros. v. MauWyoming Supreme Court · 1905
7 more not listed; retrieve them via the Exa API.