Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 20

Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...imposes an unconditional liability upon th vendee to pay the purchase price for the property delivered however characterized by the parties, is essentially and in legal effect an absolute, and not a conditional sale. " If, by the terms of the agreement, the purchaser becomes-zt.l-Tthe conditional passing 'of flie'tit_le.; and atransaction tha-----uni; agreement he may never get the title and ownership of the liable unconditionally for the purchase price, although by the I property, then the agreement is an evasion of the registration statute, as its purpose is simply to retain a secret lien." Hart v. Manufacturing Co., 7 Fed. Rep. 553. In the case of Heryford v. Davis, 102 U. S. 235, in discussing an agreement purporting to be a lease, but similar in its terms to the one at bar in so far as it imposed an absolute liability upon the railroad company to pay for the cars, Mr. Justice Strong, in speaking for the court, says: " The railroad company was not accorded an option to buy or not. They were bound to pay the price, either by paying their notes or surrendering the property to be sold in order to make payment. This was in no sense a conditional sale. This giving the property as a security for the payment of a debt is the very essence of a mortgage, which has no existence in a case of conditional sale." In terms, the-n.otes executed by Smith to the intervenors made him an absolute debtor for the price of the furniture, and the stipulation therein that "A. H. Andrews & Co., or their assigns, shall have the right to assume possession at any time they may deem themselves insecure, and after maturity to sell said property, and apply the proceeds of such sale, over and above the expenses of taking and...show more

Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236895835
  • 9781236895837