Ham v. Cerniglia

Citations

• 73 Miss. 290

Syllabus

<p>1. Conditional Sale. Featu/res characterizing contract. Lease in form only.</p> <p>Although a contract in writing may be in the form of a lease, it will be treated as a conditional sale of the personal property mentioned in it, when the instrument shows on its face the ag'reed value of the property and the right of the vendor to take possession of the same in default of payment, together with the monthly installments agreed to be paid, which are denominated rentals, but are in such amounts as would, if promptly paid, quickly equal the agreed value of the property.</p> <p>2. Same. Patent ambigwWy in instrument. Parol evidence to remove same. When admissible.</p> <p>Parol evidence of the surrounding circumstances is admissible on behalf of the vendor to remove a patent ambiguity in contracts of conditional sale entered into from time to time with the same vendee in respect to the period at which the payments were to cease and as to the result that would follow payments equaling the full value of the property.</p> <p>3. Same. Enlargement of transactloi%. Ootemporaneous agreement as to appropriation of payments. Parol evidence of scume admissible. Replevin by vendor.</p> <p>In replevin by the vendor, it is error to exclude parol evidence that, before the purchase of any of the articles mentioned in the several contracts of conditional sale, except those mentioned in the one first executed, he agreed, at the request of the vendee, to sell to her more extensively than had been previously contemplated, and that it was then further agreed between them that the payments made from time to time should be applied to the entire indebtedness, and not to any particular items, and that none of the property should be released or considered as paid for until her entire account with him was paid.</p>