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Sherer-Gillett Co. v. Long

149 N.E. 225 (Ill. 1925)

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Sherer-Gillett Co. v. Long

Supreme Court of Illinois

149 N.E. 225 (Ill. 1925)

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 Sherer-Gillett until the full price was paid. Two days after taking possession of the counter, Taylor sold it to J. W. Long (defendant) for $100. Long had no notice that Sherer-Gillett still had title or any other rights to the counter. Sherer-Gillett sued Long to recover the counter, but the trial court found that Long owned the property. The appellate court reversed the decision, and certified the issue to the state supreme court for review.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

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