McComb v. Donald's Administrator

Citations

• 82 Va. 903
• 5 S.E. 558
• 1886 Va. LEXIS 94

Syllabus

<p>1. Conditional Sales.—Where vendor agrees to sell to vendee personal property for a price agreed to be paid at a future time, and delivers possession, but expressly retains title until payment, it is a .conditional sale; and though by parol or by an unrecorded instrument, it is valid as against vendee’s creditors or subsequent purchasers, with or without notice. O. D. Steamship Co. v. Burckhardt, 31 Gratt. 664.</p> <p>2. Idem— Chattel mortgage—Registry acts.—Such transaction, not being chattel mortgage, but a conditional sale, does not come within the scope of Code 1873, ch. 114, sec. 5.*</p> <p>3. Idem—Case at bar.—Vendor, by contract which was, but need not have been, dri writing, conditionally sold all his property that had been used by him and the vendee, as partners in business, but retained, until payment, the title to only a designated part thereof: Held : Under the circumstances, the contract should be construed to intend the retention of the title to the whole.</p> <p>4. Appellate Practice.—Objections which might be affected by extraneous evidence, and which were not made below, cannot be made for the first time in this court. Simmons v. Simmons, 33 Gratt. 557.</p>