Coblentz & Logsdon v. L. D. Powell Co.
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Jas. 8. Steel, Judge; 1. This case falls within the familiar elementary rule that the seller of personal property who has reserved title until the purchase money is paid may upon default retake the property and thereby cancel the debt or may sue to recover the debt and thereby affirm the contract. 88 Ark. 99; 113 S. W. 1023. The contract in question was conditional, the purchase price must be paid, or the property might be retaken.
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Appeal from Pike Circuit Court; Jas. 8. Steel, Judge; 1. This case falls within the familiar elementary rule that the seller of personal property who has reserved title until the purchase money is paid may upon default retake the property and thereby cancel the debt or may sue to recover the debt and thereby affirm the contract. 88 Ark. 99; 113 S. W. 1023. The contract in question was conditional, the purchase price must be paid, or the property might be retaken. The option belonged to ap-pellee as vendor, and not to appellants as vendees. The debt was absolute if appellee elected to treat it…
1Opinion of the CourtWood, J.
This is an action by the appellee against the appellants to recover the sum of $257.65, the purchase price of certain law books which the appellants purchased of the appellee. By consent of the parties the cause was heard before the trial court sitting as a jury. The judgment of the court recites that the cause was heard “on the following evidence: The contract for the purchase of the books in controversy, the affidavit for issuance of attachment to enforce vendor’s lien thereon, the writ issued thereunder, the return of the officer on the said writ, and the agreed statement of the facts in…
2Cases cited2 opinions
- Butler v. DodsonSupreme Court of Arkansas · 1906
- Bowser Furniture Co. v. JohnsonSupreme Court of Arkansas · 1915
3Cited by10 opinions
- Anheuser-Busch, Inc. v. ManionSupreme Court of Arkansas · 1937
- Sillin v. Hessig-Ellis Drug CompanySupreme Court of Arkansas · 1930
- L. D. Powell Co. v. RountreeSupreme Court of Arkansas · 1923
- Linograph Company v. LoganSupreme Court of Arkansas · 1927
- Roy v. NotestineSupreme Court of Arkansas · 1950
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