Minneapolis Threshing Machine Co. v. Nash

Citations

• 103 Kan. 871
• 176 P. 628
• 1918 Kan. LEXIS 409

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conditional Sale — Reservation of Title — Possession Retaken — Obligation of Buyer to Pay Full Price. A provision in a contract of conditional sale, whereby reservátion of title by the seller was not to be regarded as a waiver of the buyer’s obligation to pay the full amount of the price, considered, and held to render the defense of failure of consideration after possession retaken unavailable.</p> <p>2. Same — In Eject a Chattel Mortgage. A contract of conditional sale containing the provision referred to, considered, and held to express an obligation to pay.the price, and to be in effect a chattel mortgage securing payment of the price.</p> <p>3. Same — Possession Retaken by Seller — Consistent with Contract. The conduct of the seller in retaking possession of the property sold and in exercising and invoking his1 remedies, considered, and held to be consistent with the interpretation of the contract which has been stated.</p>