Sales — Title — Right of vendor to buy back chattel — Right of vendee to dispose of chattel — Sole and unconditional ownership — Policy of fire and theft insurance.
1. Where a debtor sells a chattel owned by him to his creditor for the amount of the debt but reserves the right to buy back the chattel from vendee, if the latter had not already disposed of it, on payment of what had been due by him, such right does not make the title of vendee conditional, and vendee has sole and unconditional title within the meaning of a policy of fire and theft insurance. [14-15]
Practice — Verdicts — Amount — Evidence — Valuations of chattel.
2. In an action to recover on a policy of fire and theft insurance, in which the plaintiff's testimony as to the valuation of the automobile insured at the time it was destroyed was $8,000, and defendant's testimony as to the valuation was $4,175, a verdict of $3,825 was held not to be capricious, or against the evidence, or excessive. [14]
Argued October 10, 1934.
PER CURIAM, November 26, 1934:
The judgment in this case is affirmed on the opinion of the learned trial judge of the court below.