McKean v. John Mathews Apparatus Co.

Citations

• 74 Miss. 119

Syllabus

<p>Replevin. Reservation of title. Failure of consideration. Admissibility of evidence.</p> <p>In replevin by the vendor in a contract containing a reservation of title until payment of the purchase money, the vendee or his assignee may defend by proving a failure of consideration, in that the subject of purchase, by reason of latent defects, did not come up to the representations made by the plaintiff at the time of sale, such proof being in legal contemplation the equivalent of payment. Bloodworth v. Stevens, 51 Miss., 475; Bates v. Snider, 59 Miss., 497; Gabbert v. Wallace, 66 Miss., 618; Dreyfus v. Cage, 62 Miss., 733, cited.</p>