78 Mo. App. 452 | Mo. Ct. App. | 1899
Tbe facts necessary to' be stated are as follows: A few weeks before tbe policy was applied for, plaintiff Roe purcbased tbe goods in question from a dealer in Sedalia, paying a small amount, and agreeing to pay tbe balance in future instalments. At tbe time Roe executed and delivered to tbe merchant a writing of tbe following tenor and effect:
“$125.00. Sedalia, Mo., 12-19, 1896. '
“For value received, I, II. M. Roe, residing at 602 West 7th St., Sedalia, Pettis county, Missouri, do hereby sell and convey to O. W. Daniels tbe personal property described on*454 the back hereof, upon condition that I shall pay to the said' O. W. Daniels the sum of one hundred and twenty-five dollars, on or before the 16th day of March, 1897, at the rate of January, $10 and February, $10. Balance $116, March, per month, with 8 per cent interest after date. Said entire sum shall at once become due if default is made in the payment- of any instalment in whole or in part.
“I am to retain possession of said property at-until default shall be made in such payments, but the said O. W. Daniels shall have full power whenever he may deem himself insecure in the payment of said sum, or, upon removal or attempt to remove the said goods or any part thereof from the said-, unless by the written consent of the said C. W. Daniels, or upon the failure to make the said monthly payments, to take peaceable possession of said goods. Upon taking possession of said goods, the said O. W. Daniels shall have power to sell the said goods at public or private sale, with or without notice, and out of the proceeds of said sale shall, after paying the costs and expenses of said sale, and whatever may be unpaid upon the indebtedness aforesaid, pay the balance if any to me.
“Witness my hand, etc.
“Signed, Henry M. Roe."
On the bg.ck of the instrument there appears a written list of the goods Roe at the time purchased from Daniels. But as to whether or not the goods were so listed before the instrument was signed, or immediately thereafter, is not clear from the testimony.
The facts clearly show a violation of the conditions of the policy and a forfeiture of plaintiff’s rights thereunder. The action of the court in giving a peremptory instruction for defendant was entirely proper and its judgment will be affirmed.