Bill Smith, Inc. v. Cox

ALLEN, Judge.

Appellant, -plaintiff in an action to recover a sum allegedly due under a conditional sales contract, appeals a judgment *498dismissing its amended complaint, with prejudice.

Appellant sold appellees certain chattels for a stated consideration. Following a “down payment” the parties executed a “conditional sales contract” providing for payment of the deferred balance in twenty-four installments. This contract contained provisions, inter alia, that:

“ * * * This is a contract of conditional sale, and not a mortgage, and title is expressly agreed to remain in the Dealer, or his assign,…