Parker v. First-Citizens Bank & Trust Co.

The sale of the automobile to defendant’s intestate being a cash transaction, payment of the purchase price by check constituted a conditional payment and, as between the parties, transfer of title was conditioned upon the payment of the check by the bank upon which it was drawn. As the check was dishonored and not paid, no title passed to the purchaser. The property remained the property of the plaintiffs. Hayworth v. Insurance Co., 190 N. C. 757, 130 S. E. 612, and cases cited; Dewey v. Margolis, 195 N. C. 307, 142 S. E. 22; Lumber Co. v. Hayworth, 205 N. C. 585, 172 S. E. 194; South v.…