221 N.W. 630 | Mich. | 1928
This case was tried by the court without a jury. No requests for findings were filed. The opinion of the trial court in deciding the case appears in the record. We may treat it as a finding. Wormley v. Grand Rapids Trust Co.,
On August 11, 1924, the plaintiff entered into a contract to sell to the Lewis Institute School for Stammerers certain furnishings, described therein, for the sum of $6,073.83, payable on fixed dates as therein stated. The contract further provided:
"Vendee to have possession of above described merchandise until he defaults hereunder, but the title to remain in vendor until the purchase price is fully paid, at which time vendor will transfer title to vendee. Said above described merchandise shall not be removed from 155 Stimson Place, Detroit, Michigan, without vendor's written consent.
"If vendee fails to make any payment when due, or removes said property from the place designated without vendor's written consent or otherwise violates *531 this contract, vendor may at its option declare the remaining payments due forthwith, and if not paid, may without notice take possession of said above described merchandise wherever found, treat this contract as void, and all payments made thereunder as rent for use of said above described merchandise."
The defendant claims title under a sale made by order of a referee in bankruptcy. The question on which the rights of the parties depend is whether the contract is one of conditional sale or a chattel mortgage. The trial court concluded as a matter of law that it was a conditional sale contract, and entered a judgment for plaintiff. In this he was clearly right. In legal effect the contract in no way differs from that before this court in the recent case of Contractors Equipment Co. v.Reasner,
The judgment is affirmed.
FEAD, C.J., and NORTH, FELLOWS, WIEST, CLARK, McDONALD, and POTTER, JJ., concurred. *532