Collins

This is an appeal from a judgment in an action of claim and delivery. The action was brought on July 1, 1920. The rights of the parties in this action grow out of a contract dated June 21, 1919, between John R. Davis, plaintiff’s predecessor in interest, the seller, and defendant John Kessler, the purchaser, for the sale of a farm tractor, with a four-disc plow and an eight-foot double disc with standard attachments and equipment, for the sum of $2,418. Under this contract of sale the seller retained the title to the property until it was fully paid for and the purchaser paid $800 at the time of the delivery of the tractor and agreed to pay the sum of $161.80 per month until the full purchase price was paid. None of these monthly installments were paid. It was agreed that if the purchaser failed to make any of the payments due thereunder the seller could take possession of the property and that thereupon the rights of the purchaser should cease and the seller should retain the property and all moneys theretofore paid or then due “as part compensation for the use of said personal property as aforesaid.” Whether or not under this stipulation in the contract the purchaser was…