Allen Engineering Co. v. Kays

• Decision Date: 13 January 1913
• Parties: ALLEN ENGINEERING CO. v. KAYS et al.
• Court: Arkansas Supreme Court

152 S.W. 992

ALLEN ENGINEERING CO. v. KAYS et al.

Supreme Court of Arkansas.

January 13, 1913.

Appeal from Circuit Court, Craighead County; Frank Smith, Judge.

Action by the Allen Engineering Company against V. C. Kays and others. From a judgment dismissing the action, plaintiff appeals. Affirmed.

The appellant brought suit in replevin against appellees, the board of trustees of the State Agricultural School of the First district of Arkansas, for certain machinery installed by it in the school building at Jonesboro for the lighting thereof. It alleged that the property was contracted for by the defendants, installed in the building, and that the title thereto remained in it until the purchase money was fully paid, and that only half of the purchase money had been paid by the defendants, who refused, after repeated demands, to pay the remainder, and prayed judgment for the return of the property and damages.

The contract was exhibited with the complaint, and consists of a proposal, by letter, by appellant company to the board of trustees of the State Agricultural School to sell them certain machinery and appliances, describing it for lighting the building, upon conditions named, one of which is: "The title and right of possession to the materials herein specified remains in the company until all payments hereunder (including deferred payments and any notes or renewals thereof if any) shall have been fully made in cash, and the materials shall remain the personal property of the company, whatever may be the mode of its attachment to the realty or otherwise, until fully paid for in cash. Upon failure to make payments as herein specified, the company may retain any and all partial payments which have been made as liquidated damages, and shall be entitled to take immediate possession of said property and be free to enter the premises where said materials may be located, and remove same as its property without prejudice to any further claims on account of damage which the company may suffer from any cause." This proposal was accepted by the State Agricultural School, by V. C. Kays, president, per order of the board of trustees.

Appellees demurred to the complaint, alleging as grounds therefor, first, that it shows on its face that defendants are not proper parties thereto; second, that it does not state facts sufficient to constitute a cause of action against them. The court sustained the demurrer and, appellant declining to plead further, dismissed...