Duplex Printing Press Co. v. Journal Printing Co.

Citations

• 17 Del. 565
• 1 Penne. 565
• 43 A. 840
• 1899 Del. LEXIS 66

Syllabus

<p>Replevin—Conditional Sales—Contract—Interpretation of Contract Annulment of Contract by New Contract—Election of Remedies— Waiver of Right to Replevy—Damages— Value—Return of Property—New Trial—Arrest of fudgment—Change in Personel of Court During Trial—Waiver of Right to Object.</p> <p>1. It is the duty of the court to interpret the contract, and instruct the jury as to its character, that is, whether it amounts to an absolute sale or only a conditional- sale. The intention of the parties to the agreement must if possible, be ascertained, for it is such intention that governs, but it must be discovered from the language used.</p> <p>2. In this state no particular form of contract, or use of words, is required to make a conditional sale, but it is the intention of the parties that governs in every case. It matters not whether the contract appears to be a hiring with the privilege of purchasing; a bargain for sale with security for the whole purchase money, and with a condition as to the vesting of title ; or an absolute sale with such condition attached.</p> <p>3. Cases in this state involving conditional sales, reviewed; and the contracts involved in the present case held to be a conditional sale. Such sales, however, are not generally favored in law, and courts are not disposed to extend them further than they are compelled to do.</p> <p>4. In an action of replevin for the recovery of property alleged to have been delivered to the defendant under a contract of conditional sale, in which it was stipulated that the title should remain in the vendor until all the notes given therefor should be paid, the plaintiff cannot recover if the contract was so changed as to make a new agreement, or if different notes were given from those provided for in the contract.</p> <p>5. If the plaintiff has done any act which clearly manifests his intention to waive his right to retake the property, and rely on the notes for payment, the plaintiff cannot recover. If the jury are sat