Charles Lippincott & Co. v. Rich
Utah Supreme Court
■Appeal from the Third District Court, Salt Lake County. Hon. A. N. Cherry,.Judge. Action in replevin to recover certain personal property and damages for the unlawful detention of the same. From a judgment of non-suit entered on motion at the close of plaintiffs’ testimony, plaintiff appealed.
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■Appeal from the Third District Court, Salt Lake County. Hon. A. N. Cherry,.Judge. Action in replevin to recover certain personal property and damages for the unlawful detention of the same. From a judgment of non-suit entered on motion at the close of plaintiffs’ testimony, plaintiff appealed. Unless the contract so provided the vendor who retakés the property upon default by the vendee is not generally bound to-return unpaid notes given by the vendee to secure the purchase pioney. Am. & Eng. Enel. Law, Yol. 6, page 481; Kirby v. Tompkins, 48 Ark., 273; Bauen-dahl v. Horr, 7 Blatchf, 548;…
1Opinion of the CourtMiner, J.
This action was before this court on a former appeal, and the decision thereon is reported in 19 Utah, 140. In 1890, F. 0. and Jennie Horn were doing business under the firm name of the Wasatch Drug Company. On that day they purchased from the plaintiff Charles Lippincott & Co., a soda fountain, the property in question here, by a contract of conditional sale, giving a large number of notes in connection with the contract, all providing that the title to the soda fountain should not pass to the Wasatch Drug Company until all of said notes were paid, and that until then the title thereto…
2Cases cited8 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. Keokuk & Hamilton Bridge Co.Supreme Court of the United States · 1889
- Donaldson v. GrantUtah Supreme Court · 1897
- McRea v. MerrifieldSupreme Court of Arkansas · 1886
- Tufts v. D'ArcambalMichigan Supreme Court · 1891
- Bauendahl v. HorrU.S. Circuit Court for the District of Connecticut · 1870
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3Cited by3 opinions
- McCornick v. SwemUtah Supreme Court · 1909
- Freed Furniture & Carpet Co. v. SorensenUtah Supreme Court · 1905
- Truitt v. Patten, SheriffUtah Supreme Court · 1930