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· 3/15/1918

Watson v. Herman

Citations

  • 118 Miss. 264
  • 79 So. 92

Syllabus

<p>1. Sales. Conditional sales. Default. Resale. Agency.</p> <p>Where the purchaser of an automobile, while still indebted to the seller for a part of the purchase money, and for storage and supplies, left the car with the seller to be sold at an agreed price, in such case the seller became his agent and could not, during the pendency of such acquire a hostile title, contrary to the interest of his principal without first dissolving said agency by notice to his principal.</p> <p>2. Sales. Conditional sales. Default. Resale. Innocent purchaser.</p> <p>Where a defendant bought an automobile with knowledge that it was being sold for accumulated charges and balance of purchase money, he was charged with such notice as to rights of the original purchaser as reasonable diligence would have disclosed to him by proper inquiry.</p> <p>3. Sales. Default in payment. Value. Sheriff’s appraisal.</p> <p>While the valuation by the sheriff of property levied upon by him is prima-facie correct, it may be overcome by evidence.</p>

Judges: Ethridge

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