Van Allen v. Francis

Citations

• 123 Cal. 474
• 56 P. 339
• 1899 Cal. LEXIS 1102

Syllabus

<p>Conditional Sale oe Personal Property—Bona Fide Purchasers.— Conditional sales of personal property are recognized in this • state to the fullest extent, and even bona fide purchasers from the person to whom property is delivered under an executory contract of conditional sale, get no valid claim to the property. Where the intent is clear that the title shall not pass but remain in the vendor until full payment of the purchase money, or until a mortgage is given therefor, as a condition precedent, a contract agreeing to sell the property, upon such conditions, is one of conditional sale, and the delivery of possession to the purchaser does not change its nature.</p> <p>Id.—Notes Evidencing Payments to-be Made.—Where notes were given and received, under a contract of sale expressly declaring that the payments to be made shall be evidenced by the notes, the idea that the notes themselves constituted payment is expressly negatived. ¡</p> <p>Id.—Absolute Promise to Pay.—The fact that the promise to pay the purchase money is absolute and not conditional, is but a circumstance in determining the nature of the contract, but it is not a determinative characteristic. In many cases where the promise to pay was absolute, the sale has been held conditional.</p> <p>Id.—Surrender of Notes—Action against Assignee.—The vendor is not required to surrender the notes given by the original purchaser, in an action to recover the value of the property as against his assignee and successor in interest, who are not liable upon the notes.</p> <p>Id.—Estoppel in Pais—Vendor not Estopped.—The vendor is not bound by any estoppel in pais not to assert the contract of conditional sale as against a corporation which received the property from the purchaser after default, and paid at maturity three of the unpaid notes, when the vendor made no misrepresentations or admissions upon which the corporation relied, but merely received the money paid, as it became due.</p> <p>Id.—Ignorance of Corporat