68 Md. 299 | Md. | 1888
delivered the opinion of the Court.
The question in this case involves the validity of a title to goods and chattels derived from the vendee in a con
The contract of sale in this case contained an express stipulation that the title to the goods should not vest in the vendee until the price should be paid in full; and instalments were to be paid monthly. They were sold in the City of Baltimore by Lincoln, the appellant, to Hoover, and were carried by him to Frederick, and used in a hotel
It was stipulated in the contract of sale that if Hoover made default in any of the credit payments, Lincoln might reclaim and take possession of the goods, and that all payments which had been made up to that time should be forfeited. A Court of equity will not lend its aid to enforce a forfeiture of this kind. Against persons liable to his claim on the property he could in equity recover an interest in the goods equal to the amount of the unpaid purchase money. That portion of this interest which would be applicable to the payment of the note secured by Winebrenner alone is still the property of Lincoln, and he must be paid out of the proceeds of sale of the goods, a sum duly representing this portion.
The order of the Circuit Court will be affirmed, but leave will be given to the appellant to file a new petition stating his claim according to his rights as above declared.
Order affirmed, and cause remanded.