Sansone v. Studebaker Corp. of America

Citations

• 106 Kan. 279
• 187 P. 673
• 1920 Kan. LEXIS 503

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Automobile—Notes and Chattel Mortgage — Wrongful Possession Taken by Mortgagee. The defendant sold an automobile to the plaintiff and took a chattel mortgage thereon to secure the payment of part of the purchase price. In the order for the automobile the plaintiff stipulated that the title to and the right of possession of the automobile should remain in the defendant until the purchase price should be fully paid. The chattel mortgage did not provide for taking the automobile if the defendant felt itself insecure. Immediately after the sale and delivery of the automobile, the defendant took it from the plaintiff without his consent. Held, That the taking' was wrongful.</p> <p>2. Same — Automobile—No Rescission of Contract — No Estoppel. The contract of sale was not rescinded by returning to the plaintiff the money, notes and other papers given for the automobile, and the plaintiff was not estopped by retaining the money and papers, nor did he waive thereby his right of action, if the automobile was taken without his consent.</p> <p>3. Same — Wrongful Possession of Personal Property — Damages. The person from whom personal property that has a usable value is wrongfully taken has a right to recover that usable value as actual damages, and a finding of such actual damages will support a verdict and judgment for punitive damages.</p>