De Laval Pacific Co. v. United Cleaners & Dyers Co.

Plaintiff sold and delivered to defendant a gasoline purifier, the purchase price being $1,080. Two hundred and fifty dollars of this amount was payable in cash and the balance in monthly payments of $100. The contract of sale provided that the title to the purifier was to remain in the vendor until the purchase price was fully paid, and that in case of the default of the defendant to make any payment as provided by the contract, the plaintiff might take immediate possession of the purifier. Defendant failed to make any payments whatever on the contract except the initial payment of $250. Some months after the date of the delivery of the purifier to defendant, and while defendant was in default in its payments, plaintiff endeavored to collect from defendant the amounts due. The defendant being unable to make the payments, plaintiff demanded of defendant the return of the purifier. In compliance with this demand the defendant shipped from Los Angeles to plaintiff in San Francisco, all parts of the purifier with the exception of the bowl, which was a substantial part of the machine. The plaintiff on ascertaining that the bowl was not shipped with the other parts of the purifier,…