American Process Co. v. Florida White Pressed Brick Co.

Citations

• 56 Fla. 116

Syllabus

<p>i. Where the sufficiency of a plea to the merits is not questioned and issue is joined thereon, if such plea is proven without contradiction it is not error for the court to direct a verdict thereon for the defendant. The proper judgment to be entered -upon the verdict is for the determination of the court.</p> <p>2. The mere possession of personal property is only prima fade evidence of title; and a purchaser of personal property from one who has only the possession of the property under an incomplete conditional sale cannot in general defeat a recovery by the true owner, although such purchaser bought for value and without notice.</p> <p>3. Where property is sold on credit and the title thereto reserved by the vendor, upon a breach of the conditions of the sale the vendor .may either treat the sale as absolute and sue for the price thereof, or he may treat the sale as cancelled and recover the property; but the vendor cannot pursue both .courses, and the election to pursue either one .of two inconsistent remedies operates in law as an abandonment or waiver of the other.</p> <p>4. Whether co-existent remedies are inconsistent is to be determined by a consideration of the relation of the parties with reference to the right sought to be enforced as asserted in the pleadings.</p> <p>5. Where machinery is consigned by A. to the order of H. who is engaged in the business of furnishing and installing such machinery in manufacturing plants on the lands of others, and there is nothing to indicate that the title has been reserved by the consignor who knew the machinery was to be installed for another party and to become permanently affixed to its land, and gave no notice to such party of the reservation of the title, 'he cannot recover the property from the party for whom it was installed, and who paid value for it without notice 'of the conditional sale, particularly where after merely filing a praecipe in the action for conversion, A. instituted proceedings for the bal