J. A. Broom & Son v. S. S. Dale & Sons

Citations

• 109 Miss. 52
• 67 So. 659

Syllabus

<p>1. Bailment. Laborers liens. Priority. Sales. Oonditioonal sales. Rights of seller.</p> <p>Under Code 1906, section 3075, which is merely declaratory of the common law, and which provides not only that a mechanic may retain, in his possession, any article which he repairs until the price of his labor and material furnished shall be paid, but also provides for the enforcement of the lien, where a mechanic repaired an automobile, the repairs being ordered by the person in possession who was apparently authorized to contract for same. Such mechanic has a lien for his labor which takes precedence over the rights of the vendor of the machine who sold it, reserving title to secure payment, but transferred the possession to the party ordering the repairs.</p> <p>2. Sales. Conditional sales. Rights of sellers.</p> <p>Where the sellers of an automobile took purchase money notes in which title to the machine was reserved, but the possession of the machine was delivered to the buyer, they occupy a position .like that of chattel mortgagees, and in such case where the possession is to remain with the buyer and the machine to be used by him, which use would probably necessitate repairs upon the machine to keep it in running order and prevent deterioration, there is an implied authority given the buyer to make such repairs.</p>