Long

Long v. Ulmer MacHinery Co.

Good Law
1926 Cal. App. LEXIS 337·77 Cal. App. 66·246 P. 113
Court of Appeal of CaliforniaMarch 12, 1926Docket No. 3083.California2,919 words

Opinion

lead Opinion

Plummer, J.

On the fifth day of December, 1922, the plaintiff and defendant entered into an agreement for the purchase and sale of a Johnson pump, which agreement is in the words and figures following, to wit:

On the same day and at the same time the plaintiff and defendant entered into a sales agreement, which agreement, so far as is necessary to be considered herein, is in the words and figures following, to-wit:

This agreement further provides that title shall remain in the seller until fully paid for, property to be kept in good condition by the buyer, in default of any payment, property to be returned to seller upon request and that the agreement for after payments is further evidenced by notes of even date therewith.

On or about the twelfth day of February, 1923, the plaintiff and defendant executed an additional writing or agree ment relating to the gas engine involved in this case. This agreement, so far as necessary to be considered, is as follows;

This agreement further provides that the title shall remain in the seller until all of the notes are fully paid; that the buyer agrees to keep the property in good condition; that, upon default, the seller may take the property and all…

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