Barton v. Groseclose

Citations

• 11 Idaho 227
• 81 P. 623
• 1905 Ida. LEXIS 52

Syllabus

<p>Attachment — Conditional Sale op Personal Property — Assignment op Contract.</p> <p>1. One who makes a conditional sale of personal property, delivering possession to the vendee and retaining the title thereto in himself until the purchase price shall be fully paid, cannot, upon failure of the purchaser to make the payments, have an attachment against the property of the purchaser to seeure the payment of the purchase price until the property itself has been exhausted.</p> <p>2. Where the vendor on a conditional sale has delivered possession to the vendee, and thereafter sells and assigns the contract taken from the purchaser to a third party, the assignee of sueh contract is substituted to all the rights of his assignor, and cannot, therefore, have an attachment upon failure of the purchaser of the property to make payment.</p> <p>3. Id. — The security retained by the vendor in sueh cases ia not a vendor’s lien but is a reservation of title and right to pursue the property in speeie.</p> <p>(Syllabus by the eourt.)</p>