36 Mo. 479 | Mo. | 1865
delivered the opinion of the court.
This was a suit originally brought before a justice of the peace, under the statute for the claim and delivery of per
From the testimony it is abundantly shown that the sale was conditional, and was not to be complete or absolute till the condition was complied with; that is, .until the property was paid for. It is true, the possession of personal property is prima facie evidence of ownership ; but where a sale is made and the property is delivered to the purchaser, yet by express agreement of the parties the title is to remain in the seller until the payment of the price, such payment is strictly a condition precedent, and until performance the right of prop-' erty is not vested in the purchaser. And where the seller has been guilty of no laches, he may reclaim the goods so sold and delivered from a third person who took them in good faith from his purchaser and without notice. (1 Pars, on Contr. 537, 5th ed.; Sto. on Sales, §' 313, Perkins’ ed., and authorities there cited.)
We are aware that it has been held in the New York courts that a vendor in such conditional sale could not claim the goods as against the bona fide purchaser of the vendee ; but the better doctrine seems to be, that where property is
The judgment was for the right party and is affirmed.