Kerl v. Smith

Citations

• 96 Miss. 827
• 51 So. 3

Syllabus

<p>1. Sales. Conditional sale. Contract. Reservation of title. Replevin.</p> <p>A seller of personal property, reserving title thereto to secure the • purchase money, may maintain replevin for the property, when the buyer has breached his promise to pay for the same.</p> <p>2. Evidence. Parol explanation of .term in written contract. Timber. Meaning of.</p> <p>Under a written contract evidencing a conditional sale, by the. terms of which the buyer was to pay for the property in timber if he owned sufficient in the neighborhood of the seller’s mill, and if not then in timber to the extent of his ownership and the balance in money, the term “timber” may be shown by parol to-have meant “merchantable pine timber,” and to 'that end the business in which the seller was engaged and the meaning of the term in that business, known to both parties, may be proved, since such testimony does not contradict, but explains the meaning of the term as used in the contract.</p>