Miller-Cahoon Co. v. Lawrence
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. F. J. Cowen, Presiding Judge. Action upon conditional sale contract for damage to and use of property. Judgment for plaintiff.
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APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. F. J. Cowen, Presiding Judge. Action upon conditional sale contract for damage to and use of property. Judgment for plaintiff. “Where a conditional sale contract .... provides that the seller may retake the property, the seller has two remedies: First, the collection of the remainder of the purchase price; second, the retaking of the property, but the seller cannot resort to both remedies.” {Pease v. Teller Corporation, 22 Ida. 807, 128 Pac. 981; Keystone Mfg. Co. v. Cass dims, 74 Minn. 115, 76 N. W.…
1Opinion of the CourtMorgan, J.
Appellants, having purchased from respondent a disc plow, on April 2, 1912, in- part payment therefor, executed and delivered their promissory note, due on or before October 1, 1912, incorporated and expressed in a conditional sale contract, which contract contained, among others, the following provisions:
‘ ‘ The conditions of this transaction are that the title to said property does not pass from said company until this note and interest shall have been paid in full, and the said company or its agent has full power to declare this note due and take possession of said property when it deems…
2Cases cited3 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- McCormick Harvesting Machine Co. v. KochSupreme Court of Oklahoma · 1899
- Keane v. KibbleIdaho Supreme Court · 1915
3Cited by3 opinions
- Berlin Machine Works v. Dehlbom Lumber Co.Idaho Supreme Court · 1919
- Smith v. HarringtonIdaho Supreme Court · 1925
- Naylor v. SimmonsIdaho Supreme Court · 1920