Robb

Martin Music Co. v. Robb

Good Law
115 Cal. App. 414·1931 Cal. App. LEXIS 598·1 P.2d 1000
Court of Appeal of CaliforniaJuly 9, 1931Docket No. 857.California3,050 words

Opinion

Lead Opinion

Griffin, J.

The plaintiff, claiming to he the owner and entitled to the possession of a certain piano, brought this action to recover possession thereof. Judgment having been entered in favor of defendant, the plaintiff appeals therefrom.

The right of possession in plaintiff is based on a monthly installment note contract under which defendant agreed to pay $2,250. She was given credit thereon in the sum of $286, being in default as to the balance due of $1964. The evidence indicates that a piano was taken in by plaintiff from defendant in the transaction. The contract bears date August 21, 1925. The complaint in this action was filed July 14, 1927.

The contract provides, among other things, that title shall remain in the plaintiff, and “if she fails to pay any of said installments when due . . . then the entire unpaid balance of this contract with interest and all accrued costs, including drayage and attorney’s fees, shall in any of said cases immediately become due and payable and Martin Music Company or assigns may enforce payment of the entire amount of principal, interest and costs aforesaid then unpaid, or if they so elect, they may cancel this contract and take possession of said…

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