Aarons v. Dougherty

Citations

• 79 Fla. 812
• 84 So. 918

Syllabus

<p>1. On a conditional sale, where the vendor reserves title to the property until payment of the purchase money, on default of payment thereof as stipulated the vendor can maintain an action of replevin for such property.</p> <p>2. Upon a sale of personal property the vendor took notes of the vendee for a balance due on the purchase price, containing a provision that title to the property sold was retained by the vendor until the notes were paid. The. notes provided also for the payment of a reasonable attorney’s fee if delivered after maturity to an attorney for collection. After the maturity of the last of the notes payment thereof was demanded and the maker was, at his request, informed of the amount due, principal and interest, and agreed to pay the same at a stated later date, but no consideration was given for forbearance. Payment was not made upon the agreed date and the note was placed in the hands of an. attorney for collection. The day following the day upon which payment was to have been made the maker’s check for the amount so given him was received by the payee, but in the meantime the note had been delivered to an attorney for collection. The check was not accepted but was returned and suit instituted to recover possession of the property.</p> <p>Held: That the mailing of a cheek for the amount stated to be due a day later than the date agreed upon, if its acceptance in full settlement of the obligation when received was declined, the note in the meantime having been delivered to an attorney for collection, does not amount to payment of the note; neither does it, under the circumstances, operate as an estoppel to demand the full amount of the note, principal and interest, and a “reasonable attorney’s fee” to the attorney to whom the note was delivered after maturity for collection.</p>