Columbia Loan Co., Inc. v. Parks

Wyatt, Presiding Justice.

The Court of Appeals certified to this court for answer the following questions; “1. (a) Where the assignee of a purchase-money retention-title contract and notes who is a bona fide holder thereof for value brings trover against the purchaser in possession of the property because of a default in payment of instalments in the purchase price, may the defendant purchaser recoup against the plaintiff assignee for a failure of consideration on the part of the original vendor as to which such assignee was not a party and was without notice? Code §§ 107-102, 81-601, 20-1311.…