Weber Implement & Automobile Co. v. Pearson
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The act under which the lien is sought does not cover that class of supplies sold by appellee.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The act under which the lien is sought does not cover that class of supplies sold by appellee. Kirby’s Digest, § § 5013-14; 127 Ark. 433. 2. Appellee is not entitled to a lien for articles sold more than ninety days before filing his claim. 27 Cyc. 144. 3. If entitled to a lien at all, it should only have been on each car for the specific articles furnished for each car. 4. A lien could not be created on the cars by Aven as he did not own the cars. 34 Pac. 959; 50 N. H. 82; 19 Pick. 228; 54 Pac. 72; 56 Id. 339; 130…
1Opinion of the Court
HART, J.,
(after stating the facts). (1) The Weber Implement & Automobile Company sold three Mitchell cars under a conditional sale contract to the Avens, who agreed to pay for them in installments. It was agreed that the title to the cars should remain in the seller until the price was fully paid. It was also understood that the purchaser should have possession of the cars and use them in livery service and pay for them out of the earnings. In this way the sum of $2,800 was paid but there was still due a considerable amount of the purchase money. The purchaser employed an automobile repair…
2Cases cited3 opinions
- J. A. Broom & Son v. S. S. Dale & SonsMississippi Supreme Court · 1915
- Gardner v. First National Bank of DeQueenSupreme Court of Arkansas · 1916
- Shelton v. Little Rock Auto Co.Supreme Court of Arkansas · 1912
3Cited by10 opinions
- Yellow Manufacturing Acceptance Corp. v. BristolOregon Supreme Court · 1951
- Atlas Securities Co. v. GroveIndiana Court of Appeals · 1922
- Cache Auto Co. v. Central GarageUtah Supreme Court · 1923
- Fred E. Cooper, Inc. v. FarrLouisiana Court of Appeal · 1964
- New Britain Real Estate & Title Co. v. CollingtonSupreme Court of Connecticut · 1925
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