Campbell Printing Press & Manufacturing Co. v. Walker

Citations

• 22 Fla. 412

Syllabus

<p>1. An agreement in writing to sell personal property, the title to which, is reserved by the seller until the purchase money is paid by the buyer, is a conditional sale, and does not vest title in the buyer until the performance of the condition, to-wit : the payment of the purchase money, notwithstanding that at the time of making said agreement, possession of the property is delivered by the seller to the purchaser.</p> <p>2. Neither the act of the Legislature of January 30, 1838, nor of January 8, 1853, (McClellan’s Digest, p. 765, secs. 1 and 2,) require such an instrument to be recorded.</p> <p>3. It was not the intention of the act of January 30, 1838, nor of January 8, 1853, (McClellan’s Digest, p. 765, secs. 1 and 2,) to give any other construction to an instrument in writing, than the. parties thereto intended.</p> <p>4. An agreement, such as is described in the first head-note, is valid, as against subsequent creditors and bona fide purchasers for valuable consideration, without notice.</p> <p>5. Quere, as to whether such an instrument is not void as to creditors and bona fide purchasers for a valuable consideration, without notice, if not recorded in two years from the delivery of possession of the property, under section 4, act of January 28, 1823, as amended by act of January 7, 1859 ; McClellan’s Digest, p. 212, section 4.</p> <p>6. An assignee, to whom property, held by the buyer as described in. the first head note, is assigned for the purpose of paying the. debts of the buyer, is neither a creditor nor bona fide purchaser.</p> <p>7. On a conditional sale, where the seller reserves title to the property until payment of purchase money, on default of payment thereof, as stipulated, the seller can maintain an action of replevin therefor.</p>