E. E. Forbes Piano Co. v. Wilson
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hou. H. A. Pearce. This was an action óf'detinue for a piano' based upon an instrument in writing retaining title to the piano in the vendor''until the purchase price was paid.
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Appeal from Coffee Circuit Court. Heard before Hou. H. A. Pearce. This was an action óf'detinue for a piano' based upon an instrument in writing retaining title to the piano in the vendor''until the purchase price was paid. The defendant filed the following plea: “Now comes the defendant, and for answer to the complaint hereto attached, doth say that on towit May 2, 1902, the plaintiff sold to the defendant the piano. herein sued for at and for the sum of $800, upon condition that the title of said piano should remain in said plaintiff, E. E. Forbes Piano Co., until the purchase price should…
1Opinion of the CourtTyson, J.
Action of detinue for a piano.
The special plea interposed by defendant was bad and the demurrer should have been sustained to it. The mere bringing of an action by plaintiff for the purchase price of a piano and recovering a judgment therefor, which is not averred to have been paid, does not operate to divest the plaintiff of its title to the property. This point was expressly decided by this court in Tomason v. Lewis, 103 Ala. 426, 15 So. Rep. 830. There is a dictum in Davis v. Millings, 141 Ala. 378, 37 So. Rep. 737, consisting of a quotation from the Encyclopedia of Law which is opposed to…
2Cases cited2 opinions
- Thomason v. LewisSupreme Court of Alabama · 1893
- Davis v. Milling'sSupreme Court of Alabama · 1904
3Cited by3 opinions
- Cable Co. of Alabama v. StewartCourt of Appeals for the Fifth Circuit · 1911
- Bolinger v. National Cash Register Co.Ohio Court of Appeals · 1936
- Commercial Inv. Trust, Inc. v. EastSupreme Court of Alabama · 1927