W. E. LANIER, PLAINTIFF IN ERROR,
v.
J. M. CHANCY, DEFENDANT IN ERROR
W. E. LANIER, PLAINTIFF IN ERROR,
J. M. CHANCY, DEFENDANT IN ERROR
76 Fla. 443
Florida Supreme Court (1918)
Positive Treatment
Cited by 8 cases
Opinion of the Court
Whitfield, J.
In an action of replevin Chancy recovered a mule from Lanier, who took writ of error. Chancy sold the mule to one McDonald, retaining title till payment of purchase price. Lanier was in possession of the mule purchased from one Love. Chancy had not been paid for the mule. The defendant did not show or offer to show specific facts indicating express or implied authority from Chancy to McDonald to sell the mule so as to avoid the retention of title by Chancy, if that could be done in this class of cases.
Affirmed.
Browne, C. J., and Taylor, Ellis and West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Glass v. Cont'l Guar. Corp., 81 Fla. 687 (Fla. 1921)…Walker, 22 Fla. 412, 1 South. Rep. 59; Fairbanks, Morse & Co. v. Eureka Company, 67 Ala. 109; Marvin Safe Co. v. Norton, 48 N. J. L. 410, 7 Atl. Rep. 418; Roof v. Chattanooga Wood Split Pulley Co., 36 Fla. 284, 18 South. Rep. 597; Lanier v. Chancy, 76 Fla. 443, 80 South. Rep. 312. But where an owner consigns personal property to a dealer in such goods with express or implied authority to sell, or delivers or consigns to another personal property with indicia of ownership, or of authoriy to sell, but with…
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Edwards v. The Baldwin Piano Co., 79 Fla. 143 (Fla. 1920)…s, 54 Fla. 285, 45 South Rep. 496; Onyx Soda Fountain Co. v. L’Engle, 53 Fla. 314, 43 South. Rep. 771. and that there is an exception to this general [*151] rule is recognized. Armington v. Dempsey, 77 Fla. 160, 81 South. Rep. 111; Chancy v. Lanier, 76 Fla. 443, 80 South. Rep. 312; American Process Co. v. Florida White Pressed Brick Co., 56 Fla. 116, 47 South. Rep. 942. The rule in cases of conditional sales as laid down by Cyc. 680-681 is approved, as follows: “If, however, the goods are sold to a retail…
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Trumbull Chevrolet Sales Co., Inc. v. Seawright, 134 So. 2d 829 (Fla. 1st DCA 1961)…v. Walker, 22 Fla. 412, 1 South. 59; Fairbanks, Morse & Co. v. Eureka Co., 67 Ala. 109; Marvin Safe Co. v. Norton, 48 N.J.Law, 410, 7 Atl. 418, 57 Am.Rep. 566; Roof v. Chattanooga Wood Split Pulley Co., 36 Fla. 284, 18 South. 597; Lanier v. Chancy, 76 Fla. 443, 80 South. 312.” The case of Motor Credit Corporation v. Woolverton, Fla.1957, 99 So. 2d 286, relied on by appellee, was followed by the Second District Court of Appeal in Allen Parker Company v. Taylor, Fla.App., 1960, 120 So. 2d 52, 55. In Woolve…
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