Commercial Inv. Trust, Inc. v. East

On Rehearing.

SATRE, J.

The automobile was at first the property of the West Point Overland Company, which had it for sale. It was sold conditionally to defendant, but n‘o title has ever passed, because the condition of full payment of the purchase price has never been performed, as all parties agree. The title then remains in the Overland Company, unless it has been shown to have passed to plaintiff. We may concede that the contract of conditional sale — -that is, the paper writing purporting to evidence the sale — was assigned to plaintiff in some form, whether unconditionally or with…