286 Mass. 13 | Mass. | 1934
These exceptions must be overruled. As the trial judge ruled, the principle followed in Bedard v. C. S. Ransom, Inc. 241 Mass. 74, is controlling here. It was there held that when parties to a conditional sale have agreed in a written contract that, after breach and repossession of the article dealt with, the vendor may sue upon unpaid notes given for the price, the conditional vendee cannot escape liability on the ground that, through the repossession, the consideration for the notes has failed. He is bound by his bargain though it be a hard one.
In the case before us, the conditional vendor of automatic sprinkling equipment after breach of condition endeavored to repossess itself of the equipment. It was opposed by the vendee and was unsuccessful in repossessing more than a part.
Indeed, in the case before us no hardship to the vendee appears. The defendant, as the bill of exceptions discloses, is in possession of much of the equipment, using it with parts obtained from others than the plaintiff in replacement of such parts as the plaintiff succeeded in obtaining when it sought repossession of all. The due date of several of the notes given in payment had not arrived when this suit on the overdue and unpaid notes declared on was begun. Such notes are not included in this action. Title is still in the plaintiff, but the fair value may well be much less than can be made good by what it recovers on the notes; and repossession of the whole has not been had.
Exceptions overruled.