Roof v. Chattanooga Wood Split Pulley Co.

Citations

• 36 Fla. 284

Syllabus

<p>1. In an action of replevin the right to the possession of the property is essentially involved, and the party entitled thereto must be the real plaintiff in the suit, and can not maintain it for the use of another. If a party who sues for the use of another has the legal title and is entitled to recover in his own name, the fact that a usee’s name is inserted in the pleadings should not alone defeat recovery. The usee may be considered as no party to the action and his name treated as surplusage.</p> <p>2. The endorsement of a guaranty of payment by the payee of a note containing a stipulation that a chattel therein described should remain the property of the payee until the note was paid, does not of itself vest title to such chattel in the endorsee, so as to enable him to replevy the same; but the payee of the note after defaults in payment may maintain such suit.</p> <p>3. Parol evidence is inadmissable to contradict or vary the terms of a valid written instrument, but this rule applies only to the parties to the contract or their privies, and not to a stranger thereto.</p> <p>4. Where the terms of a contract are shown by a writing admitted in evidence it is improper to permit a witness to detail the terms of such contract. If it is shown, however, that the oral evidence of the witness as to the terms is correct as exhibited by the writing, and there is no dispute as to the correctness of the terms in the writing, there is no reversible error in admitting such oral evidence.</p> <p>5. If under an agreement in writing to sell personal property the-title is reserved to the seller until the purchase money is paid, the purchaser does not acquire title until the performance of the condition; and such an agreement is valid as against subsequent bona fide purchasers for valuable consideration without notice.</p>