SALES-PASSAGE OF TITLE BEFORE PAYMENT OF PURCHASE PRICE

Authors

Abstract

In January, S agreed to sell his business to the plaintiff, who went into possession, took over the lease, and operated the business. He did not have sufficient money to pay the purchase price at the time, and no bill of sale was given. A creditor of S took judgment on a promissory note made by S, of the existence of which note the plaintiff first became aware in February, and levied execution on the goods in the store. The plaintiff filed a claim of property. Held, that there was no sale at the time of the transfer of the business, and so the plaintiff's title, acquired under a bill of sale given subsequently to the levy, was junior to the right of the creditor. Viera v. Marques (N. J. 1930) 151 Atl. 597.

Recommended Citation

SALES-PASSAGE OF TITLE BEFORE PAYMENT OF PURCHASE PRICE, 29 Mich. L. Rev. 645 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss5/34