Hegler v. Eddy

Citations

• 53 Cal. 597
• 1879 Cal. LEXIS 54

Syllabus

<p>Installment Sales—Default in Payment.—When a contract for the sale of chattels, upon the payment of the purchase money by installments, provides that the purchaser shall have the right to the use and possession of the chattels until default he made in the payment of the installments, but that if such default’be made, the owner may at once resume the possession of the property; if such default he made, the right of the owner to resume the possession is not lost or waived by a subsequent receipt of a part of the installment.</p> <p>Tender must be Pleaded.—Evidence of a tender made after the commencement of tlio action, of the amount of the purchase-money then due, is not admissible unless it is pleaded.</p>