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Abstract

Plaintiff bought a truck under a conditional sales contract. Defendant, as assignee of the vendor, retook possession of the truck when plaintiff defaulted in his payments and undertook by sale of the truck to foreclose plaintiff's rights therein. The Uniform Conditional Sales Act, in force in the jurisdiction, provided for a compulsory resale at public auction by the retaking seller. He was required to give notice of the sale by registered letter to the buyer, by newspaper advertisement, and by three notices posted in public places. Defendant failed to post the three notices. Plaintiff then brought suit for conversion and recovered a judgment for the amount of his actual damage. Held, the trial court rightly held the sale void for want of such posting and defendant liable for conversion of the truck. Berge v. Yellow Mfg. Acceptance Corporation (S. D. 1930) 232 N.W. 45.

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