Chicago Cottage Organ Co. v. Crambert

Citations

• 78 Ohio St. (N.S.) 149

Syllabus

<p>Conditional sales — Sections 4155-2 and 4155-3, Revised Statutes— Piano sold on credit — Possession transferred — Mortgage executed to secure future installments of purchase price — Does not constitute conditional sale, when.</p> <p>The only parol evidence of. the purchase of a piano consists of the following conversation between the purchaser and the salesman: “I looked at the pianos. I saw a piano I liked, and I told him (the salesman) I would like to take that piano, and of course he told me it was a good piano, and I asked him what the piano cost. He said two hundred and sixty-five dollars, and the agreement I made with him, I would pay ten dollars down. That was the agreement I made, and six dollars a month, and I paid him ten dollars, and he said ‘Now Miss Crambert I know you will be prompt in your payments.’ I said ‘I will try to be prompt as I can,’ and he said ‘When you have'the piano paid for — when all the payments are paid up, the piano will be yours.’ ” Thereupon at the request of the salesman, the purchaser knowingly executed promissory notes representing the deferred installments of the purchase price and a chattel mortgage containing the usual conditions of such an instrument, to secure the payment of such notes. Directly thereafter the piano was delivered to the purchaser.</p> <p>Field: That the foregoing facts fail to establish a contract of conditional sale, as contemplated by Sections 4155-2 and 4155-3, Revised Statutes.</p>