CONDITIONAL SALES - REPOSSESSION - USE OF FORCE

Authors

Abstract

A conditional seller, in order to repossess an automobile from a defaulting buyer unwilling to relinquish possession, forcibly expelled her from the car, assisted by local police acting merely at the vendor's request. In the scuffle she was knocked down. Her resulting rage moved the police to imprison her temporarily. In her subsequent action for damages the trial court instructed that if no more than reasonable force had been used the jury should find for the defendants. Held, the right of recapture does not include the right to use such force as was reasonably necessary. Roberts et ux. v. Speck et al., (Wash. 1932) 14 Pac. (2d) 33.

Recommended Citation

CONDITIONAL SALES - REPOSSESSION - USE OF FORCE, 31 Mich. L. Rev. 987 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss7/15