Loftus v. King

Citations

• 56 S.W. 109
• 23 Tex. Civ. App. 36
• 1900 Tex. App. LEXIS 270

Syllabus

<p>1. Pleading—Joinder of Different Counts.</p> <p>A count for the reasonable value of goods sold, and another for the agreed price of the same goods and for foreclosure of a chattel mortgage thereon, may be pleaded , together, and upon proof sustaining the latter count plaintiff may recover.</p> <p>2. Conditional Sale or Chattel Mortgage—Installment Plan—Seller’s Option.</p> <p>Where a contract is made for the sale and purchase of furniture upon the installment plan, providing for monthly payments, and with an agreement that the title of the property is to remain in the seller until all payments are made, and that upon failure to pay any installment punctually the right of the purchaser in the property shall fail and the seller shall have the right to the possession and to treat all payments as rent, the seller may treat the contract as a chattel mortgage, and foreclose it for any one or more of the installments that may be in arrears.</p>