111 Ga. 388 | Ga. | 1900
The Campbell Printing-Press & Manufacturing Company brought against the Commercial Publishing Company, and R. B. Blackburn as receiver for its assets, an action of bail-trover for the recovery of a printing-press and outfit. In its petition the plaintiff alleged that it had entered into a. written contract with the Publishing Company under the terms-of which it agreed to purchase the property in question, paying therefor by instalments, but that, after paying a portion of the purchase-money, it had refused to comply further with its obligations; that the property was sold with reservation of title, and it was expressly stipulated in the contract that, should such default be made, the plaintiff should have the right to-immediately retake possession; but that, notwithstanding this stipulation and -the fact that the Publishing Company was in default, it had, on proper demand, refused to yield possession of the property, which conduct on its part amounted to a conversion of the same. On the trial the plaintiff elected to take
Judgment affirmed.