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Property Keyed to French
Sherer-Gillett Co. v. Long
Facts
In 1924, Sherer-Gillett (Plaintiff) entered into a contract of conditional sale with H. C. Taylor to sell him a display counter for his grocery store. Under the terms of the contract, Taylor would pay $10 each month, and could take possession immediately after making the first payment. Title to the counter remained with Plaintiff until the full price was paid. Two days after taking possession of the counter, Taylor sold it to J. W. Long (Defendant) for $100. Defendant had no notice that Plaintiff still had title or any other rights to the counter. Plaintiff sued Defendant to recover the counter, but the trial court found that Defendant owned the property. The appellate court reversed the decision, and certified the issue to the state supreme court for review.
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