Crepin

Heine Piano Co. v. Crepin

Good Law
142 Cal. 609·1904 Cal. LEXIS 988·76 P. 493
Supreme Court of CaliforniaMarch 26, 1904S.F. No. 3723.California1,828 words

Opinion

Lead Opinion

Harrison, J.

The defendant entered into a contract with G. 0. Heine & Co. (to whose interest herein the plaintiff has succeeded), June 9, 1897, for the purchase of a piano marked “Shaw No. 14391,” for which she agreed to pay $575, as follows, viz.: $175 in a Steinway piano which she then owned, and the remainder in monthly installments until the whole of the purchase price should be paid. The contract provided that the piano should remain the property of Heine & Co. until the full amount of the purchase price should be paid, and that after such payment they would execute to the defendant a bill of sale for it; and that until the execution of such bill of sale no title to the piano should vest in her. It also provided that if she failed to pay any of the monthly installments the whole of the unpaid portion of the purchase price should become due at the option of Heine & Co., or they might, at their option, take the piano from her possession. At the time of the execution of the contract the defendant delivered to Heine & Co. the Steinway piano named therein, and thereafter for several months paid the monthly installments provided for in the contract. In November, 1898, the defendant was about to…

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