Commercial Credit Co. v. Hardin
| Citation | 300 S.W. 434,175 Ark. 811 |
| Decision Date | 12 December 1927 |
| Docket Number | 66 |
| Parties | COMMERCIAL CREDIT COMPANY v. HARDIN |
| Court | Arkansas Supreme Court |
Appeal from Clark Chancery Court; C. E. Johnson, Chancellor reversed.
Case reversed, and cause remanded.
McMillan & McMillan, for appellant.
Joe Hardage, Rogers, Barber & Henry and Raymond Jones, for appellee.
This action was instituted in the Clark Circuit Court by the Knight-Overland Company, hereinafter called the Knight Company, against appellee, J. J. Hardin, appellant Commercial Credit Company, hereinafter called the credit company, O. L. McElhanon, J. O. Jones and Mack-Overland Company, hereinafter called the Mack Company, to recover possession of one Star coupster automobile. The credit company filed an answer and cross-complaint, making Hardin and the others defendants in the cross- complaint, and, by agreement, the case was transferred to the chancery court and tried there. It is undisputed that the title to the Star coupster was originally in appellee, Hardin, and was acquired by him in the following manner:
He traded V. L. Massey a piece of land for two automobiles, one of which was a Willys-Knight. He left the Willys-Knight in the show window of the Mack Company, a corporation in the automobile business at Arkadelphia, in which he had formerly been a stockholder, with instructions to the Mack Company to sell the car for $ 1,135 in cash. The Mack Company traded the Willys-Knight to a man from Hope for the Star coupster in question, and a difference represented by title-retaining notes to the Willys-Knight, which were made payable to the Mack Company, on the forms of the credit company, and these notes were sold to the credit company and the proceeds paid to Hardin in the form of a check from the Mack Company. The Star coupster was then put in the show window of the Mack Company, by instructions from Hardin, to be sold, as he says for $ 735 cash, and, if sold on a credit, the security to be approved by him; but, according to McElhanon, who was the manager of the Mack Company, it was left there to be sold as a second-hand car at the best price obtainable, and to be handled in the same manner as he had formerly handled the deal for the Willys-Knight. The Star coupster remained in the Mack Company's show room for some three or four months, and was sold by J. M. Bobo, who was in charge of the sales department for the Mack Company, to J. O. Jones, on June 29, 1926, for $ 850 plus service charge, making a total cost to the buyer of $ 946.90, of which, according to the conditional sales agreement signed by Jones and the Mack Company, McElhanon, the buyer had paid $ 340 cash and agreed to pay the balance of $ 609.90, in twelve monthly installments of $ 50.57 each, the first one month after date, and monthly thereafter. Jones was an employee of the Mack Company at the time. Jones executed his note for the deferred payments, and this note and the conditional sales contract were sold and assigned to the credit company for the net sum of $ 510 cash, which was received by the Mack Company and deposited to its credit in the Bank of Arkadelphia. Hardin did not get this $ 510. On or about September 9, thereafter, at the suggestion of Hardin, O. L. McElhanon, acting for the Mack Company and Hardin, called up the Knight Company at Little Rock about trading the Star coupster for a new Overland car, and, as a result of that conversation, went to Little Rock, where he made a trade with the Knight Company for a new Overland, by turning in the Star coupster and paying $ 489 cash, check for which had been given him by Hardin, signed in blank, and the new Overland car was taken back to Arkadelphia, and was left by Hardin in the Mack Company show window for sale. The July, August and September payments on the Jones note, held by the credit company, were made by the Mack Company, Jones never having taken the Star coupster out of the possession of the Mack Company, or made any payments thereon, none having been made at the time of the alleged purchase, and none of the installment payments having been made by him. The October and November payments became delinquent, and a...
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