Arnois

This is an appeal by the defendant from a judgment against him in an action to recover the unpaid balance upon the purchase price of a certain X-ray dental unit sold to the defendant.

The transaction between the parties was evidenced by a writing, describing the article sold, reciting that the purchase price was to be $845, payable in monthly installments of $50 each, to be evidenced by promissory notes. The following clause then appears in the contract: “It is further agreed and understood that the above described goods are to remain the property of Charles Arnois until payment has been made in full.”

The notes provided for in the contract were executed and delivered by the defendant to the plaintiff. Several of these notes had been paid and all the others were past due and payable at the time plaintiff brought the action in which he sought to recover upon all the unpaid notes. The trial court found that the “plaintiff had done and performed all the acts which by the terms of any agreement between the plaintiff and the defendant the said plaintiff agreed to do or perform.; and that there now remains no act to be done or performed by the plaintiff which he agreed either in…