Covington

On July 17, 1920, plaintiff sold to defendant Lewis an automobile for the agreed price of fourteen hundred dollars on a conditional sales contract containing the following language: “Should the second party make default in the payment of any of the said several amounts when due, or in the event of the second party’s failure to perform any of the conditions and covenants herein contained, or in the event that the second party shall become financially involved or insolvent, or in the event the second party shall fail to pay the cost of said insurance, without notice or demand, all payments herein provided for shall be due and payable at once, or the first party may immediately take possession of said property, whenever and wherever found, without process of law using all necessary force to do so, and all payments previously made by the second party shall be construed to be and applied as compensation for depreciation in value and for the use of said property, and the second party hereby waives and relinquishes all rights to the moneys so paid and all rights against the first party for taking possession of said property.” Contemporaneously therewith defendant Lewis executed a chattel…