(Download) "Tillman v. Singletary" by In the Supreme Court of Mississippi # eBook PDF Kindle ePub Free
eBook details
- Title: Tillman v. Singletary
- Author : In the Supreme Court of Mississippi
- Release Date : January 13, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Conversion — Conditional Sale of Automobile — Failure to Reserve Title in Seller — Construction of Contract — Effect of Taking Additional Security — Waiver of Reservation of Title Clause — Insufficiency of Evidence to Sustain Judgment for Plaintiff. Sales — Automobiles — Conditional Sale Contracts — Failure to Reserve Title in Seller — Construction of Contract. 1. In determining the nature of an alleged conditional sale contract which does not expressly reserve title in the seller, the courts are governed by the intention of the parties thereto, such intention to be gathered from the whole scope and effect of the language employed. Page 157 Same — When Sale Conditional — When Reservation of Title may be Inferred. 2. Where the seller retains title to the thing sold until the purchase price is paid, the transaction is a conditional sale, it being immaterial whether or not he takes notes for deferred payments; and if there is no express retention of title, such reservation may be inferred from the provisions of the contract and the acts of the parties. Same — Effect of Taking Additional Security on Reservation of Title. 3. The fact that the seller of a thing under a contract reserving title in himself until the purchase price note was paid takes additional security for the price, such as a mortgage on other property, does not render the reservation of title until the price is paid inoperative. Same — Case at Bar — Instrument Held Conditional Sale Contract. 4. A contract of sale of an automobile entitled "Conditional Sale Contract," reciting that the seller "hereby sells" and the buyer "hereby purchases, subject to the terms and conditions herein set forth" the car in question at the agreed price on deferred payments as provided, and that if default be made in any of the payments the seller could retake possession without notice and make such disposition of the car as he should deem fit, held to have been a conditional sale contract. Judgment Attacked, for Insufficiency of Evidence — Preponderance of Evidence Requisite to Sustain Verdict. 5. To sustain a judgment attacked for insufficiency of the evidence to warrant it, the evidence must preponderate in favor of the findings of the jury on which it is based. Sales — Conditional Sale Contract — What not Waiver of Reservation of Title Clause. 6. The acceptance of a note, with additional security for its payment, as a payment due under a conditional sale contract, is not to be deemed a waiver of the condition of the sale with relation to reservation of title, unless it appears to have been so intended. Same — Breach of Conditional Sale Contract — Transfer of Car After Breach — Nature of Title Acquired by Buyer. 7. Where a conditional sale of an automobile in the name of one for the benefit of another, the former agreeing to finance the latter, was breached, the attempted sale of the car by the former to the latter after breach conveyed no better title than was obtained under the conditional sale contract. Conversion — Breach of Conditional Sale Contract — Repossession and Sale by Seller — Judgment for Plaintiff — Insufficiency of Evidence. 8. In an action for the conversion of an automobile, bought under a conditional sale contract, against the seller who took possession and sold the car on breach of the contract by the buyer, the action having been brought on the theory that the transaction was an outright sale and not a conditional sale, held that the evidence did not sustain verdict and judgment for plaintiff for actual and exemplary damages.