223 P. 764 | Wyo. | 1924
The Casper Motor Company, plaintiff and respondent here, brought an action in the district court of Natrona
The Motor Company claimed the property in controversy pursuant to a written conditional sales contract introduced in evidence, made with George McLeod, which provides that the title to said automobile was not to pass to the purchaser, but was to remain in said motor company until the car was fully paid for, with the right to take possession thereof upon default in payment or whenever it was taken under execution or attachment. It is not disputed and the testimony shows that at the time of the seizure of the property by said sheriff, there was then due and owing thereunder to the respondent the sum of $600 and interest thereon, and hence the default clause in said contract came into operation at the time of the attachment herein. The contract was not, however, placed of record, and the contention herein is as to the effect of that fact and as to the burden of proof on the question of knowledge. Except as otherwise provided by statute, 'in sales of personal property, when by the terms of the contract of sale the title does not pass until payment is made, and in the meantime the property is to remain the property of the vendor, who in case of default has the right to repossess himself thereof, the vendor may reclaim it, even though it be in the hands of a third party who takes it in good faith and without notice. Grand Rapids Furniture Co. vs. Grand Hotel & Opera House Co., 11 Wyo. 128, 144, 70 Pac. 838, 72 Pac. 687. But by section 4713, W. C. S. 1920, it is enacted that “no sale, contract or lease wherein the transfer or title of ownership of personal property is made to depend upon any condition, shall be valid against any purchaser or judgment creditor of the
“In the examination in chief the exclusion of testimony is not available as error unless the party makes an offer to prove the facts which he assumes that his question will elicit. Where an objection is properly interposed more must be done, in cases where the objection is sustained, than to ask the question; the party producing the witness and insisting upon the question must state what he proposes to prove by the witness. ’ ’
To the same effect see 4 C. J. 759; McGinnis v. State, 4 Wyo. 115, 122; 31 Pac. 978; 53 Pac. 492; Jenkins v. State, 22 Wyo. 34, 58; 134 Pac. 260, 135 Pac. 749; Stickney v. Hughes, 12 Wyo. 397, 409; 75 Pac. 945; Padgett v. Guilmartin, 106 Tex. 551, 172 S. W. 1101. An exception to the rule was made in McGinnis v. State, supra, where a witness offered was rejected as incompetent to testify; and other exceptional circumstances might require a modification of the rule, but that is not true in the case at bar.
We find no error in the record and the judgment of the trial court should be affirmed. It is so ordered.
Affirmed.
NOTE — See 3 C. J. p. 825; 35 Cyc. pp. 680, 682, 709 (1925 anno)