CONDITIONAL SALES -TORT LIABILITY OF VENDOR FOR RECAPTION OF PROPERTY CONDITIONALLY SOLD

Authors

Abstract

Defendant transferred a piano to plaintiff under a conditional sales contract retaining the right in case of any default in payment "to peacefully or forcibly, and without process of law, enter the premises where said property is . . . and to take . . . possession thereof." Plaintiff de-faulted in payment. Employees of defendant, entering the house of plaintiff in his absence and without notice, removed the piano. Held, plaintiff may not recover for a conversion, but may recover for a breaking and entering whether defendant's agents broke into the house with actual force, or mere technical force, as by merely turning the door knob and walking in. The contract affords defendant no protection. Girard v. Anderson, (Iowa 1934) 257 N. W. 400.

Recommended Citation

CONDITIONAL SALES -TORT LIABILITY OF VENDOR FOR RECAPTION OF PROPERTY CONDITIONALLY SOLD, 33 Mich. L. Rev. 1250 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss8/13