Fuller v. Webster

Citations

• 28 Del. 538
• 5 Boyce 538
• 95 A. 335
• 1915 Del. LEXIS 45

Syllabus

<p>1. Sales—Conditional Sales.</p> <p>In Delaware, reservation of title in a sale conditioned on payment of the price or otherwise is good as against a bona fide purchaser without notice in this state.</p> <p>2. Sales—Conditional Sales—Removal of Goods.</p> <p>A conditional vendee cannot deprive the vendor of his property in goods, sold with reservation of title until full payment of the price or otherwise, by an unauthorized removal of the goods from the state, recognizing such contracts, where the sale was made, to a state not recognizing the right of a vendor to reserve title.</p> <p>3. Sales—Conditional Sale—Conflict of Laws.</p> <p>An automobile conditionally sold in Massachusetts, where such contracts are valid as against bona fide purchasers without notice from the conditional vendee, when removed by the buyer to Pennsylvania, where such contracts are not recognized as valid against bona fide purchasers, was still subject to the rights of conditional vendor under the law of Massachusetts, where the contract was made, since a contract, in the instant case the only one whereby the vendee could claim any title, is to be governed by the lex loci contractus.</p> <p>4. Sales—Conditional Sale—Conflict of Laws.</p> <p>Where the vendee of an automobile conditionally sold in Massachusetts, where such contracts are recognized as valid against third persons, took the same into Pennsylvania, where such contracts are not so recognized, and sold to a third person with notice, who sold to defendant, a bona fide purchaser without notice, who brought the car into this state, where such contracts are recognized as in Massachusetts; the defendant’s title to the car was indefeasible, since he had purchased in Pennsylvania, under the rule that the lex loci rel determines the status of personal property.</p>