Francis

Van Allen v. Francis

Good Law
123 Cal. 474·1899 Cal. LEXIS 1102·56 P. 339
Supreme Court of CaliforniaFebruary 17, 1899S. F. No. 746California2,640 words

Opinion

Lead Opinion

Henshaw, J.

Plaintiff sued defendants in conversion. The facts were stipulated, and judgment upon them was given for plaintiffs. Defendants appeal.

Plaintiffs had entered into a contract with one William M. Langton, the essential terms of which are as follows: “Van Allen and Boughton hereby agree to sell at the sum of seventeen hundred and fifty dollars to William M. Langton” a printing *476 press. “William M. Langton hereby agrees to buy said press as above specified, and to pay therefor on receipt of press cash three hundred and fifty dollars, and the balance in payments evidenced by seven notes, bearing legal interest, seven per cent, as follows.” These promissory notes were each for two hundred dollars, and were payable three, six, nine, twelve, fifteen, eighteen, and twenty-one months respectively after the receipt of the press. “It is also agreed that the deferred payments above mentioned shall be secured by first mortgage on the property herein contracted to be sold. It is further agreed that the title to said property shall remain in the sellers until such mortgage be given, or until the purchase price and interest have been fully paid, and, in case of any default in any of the terms…

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