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Contracts Keyed to Calamari
Associates Loan Co. v. Walker
Facts
The Appellees, Earl Walker and Billie Walker ("Appellees"), were the owners of a dairy farm. The Appellees wished to purchase a mechanical water softener if in fact it increased the milk production on their farm. A salesman named Daniel R. Partin ("Mr. Partin"), doing business under the trade name Lindsay Soft Water Company of Portales, agreed orally on or about May 1, 1962 to install a water softener at the Appellees farm on a contingent basis. If the water softener did not increase milk production, it would be removed from the farm. After making the oral agreement, Mr. Partin requested that the Appellees execute a document entitled "All Goods Retail Installment Contract." This suit was brought pursuant to this document, which read that the Appellees "purchased the water softener for a stated sum to which was added a finance charge." The contract amount was to be paid in monthly installments commencing June 6, 1962. The agreement also provided that title to the product "would remain in the seller until the price was fully paid." Mr. Partin also orally agreed the contract would not be assigned or transferred. However, after the Appellee's executed the document, Mr. Partin assigned it to the Appellant, Associates Loan Company (the "Appellant"). After installation of the device, it was clear it did not assist in increasing milk production. As such, the Appellees never made any payments. However, Mr. Partin and his successor in interest, Stirman Rivers, made certain payments to the Appellant. The trial court entered judgment for the Appellees.
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