whether or not the property in the goods has passed to the buyer.

Question 368: In a conditional sale, who has the right of possession? Does the fact that title is retained for purposes of security prevent the buyer from enforcing warranties?

§ 391d. Primary rights of seller.

Case 369. Uniform Conditional Sales Act, Sec. 3. 3. Primary Rights of Seller. The buyer shall be liable to the seller for the purchase price, or for installments thereof, as the same shall become due, and for breach of all promises made by him in the conditional sale contract, whether or not the property in the goods has passed to the buyer.

Question 369: State this section.

§ 391e. Conditional sales valid.

Case 370. Uniform Conditional Sales Act, Sec. 4. 4. Conditional Sales Valid Except as Otherwise Provided. Every provision in a conditional sale reserving property in the seller after possession of the goods is delivered to the buyer, shall be valid as to all persons, except as hereinafter otherwise provided.

Question 370: If A sells property to B and gives B possession under the contract with reservation of title in A until the purchase price is paid, are A's rights superior to liens of B's creditors and the rights of purchasers from B? With what proviso?

§ 391f. Conditional sales void as to certain persons.

Case 371. Uniform Conditional Sales Act, Sec. 5. 5. Conditional Sales Void as to Certain Persons. Every provision in a conditional sale reserving property in the seller, shall be void as to any purchaser from or creditor of the buyer, who without notice of such provision, purchases the goods or acquires by attachment

or levy a lien upon them, before the contract or a copy thereof shall be filed within ten days after the making of the conditional sale.

Question 371: Referring to question 370, what qualification is now to be made by virtue of Paragraph 5?

(Note: In a majority of the states, filing of the contract of conditional sale is provided for. Without such filing the seller is not protected against creditors of the purchaser, and purchasers from the purchaser unless they have actual notice. By the Uniform Act, the seller has ten days protection without filing.)

§ 391g. Place of filing.

Case 372. Uniform Sales Act, Sec. 6.

6. Place of Filing. The conditional sale contract or copy shall be filed in the office, ..in.... (the city), (county), (registration district) in which the goods are first kept for use by the buyer after the sale. It shall not be necessary to the validity of such conditional sale contract, or in order to entitle it to be filed, that it be acknowledged or attested. This section shall not apply to the contracts described in Section 8.

Question 372: What is necessary to perfect the right of the seller in a conditional sale as against creditors and purchasers? Must the conditional sale contract be acknowledged or attested in order to be entitled to record?

§ 391h. Fixtures.

Case 373. Uniform Conditional Sales Act, Sec. 7. 7. Fixtures. If the goods are so affixed to realty, at the time of a conditional sale or subsequently as to become a part thereof and not to be severable wholly or in any portion without material injury to the freehold, the reservation of property as to any portion not so severable shall be void after the goods are so affixed, as against any person who has not expressly assented to the reservation. If the goods are so affixed to realty ·

at the time of a conditional sale or subsequently as to become part thereof but to be severable without material injury to the freehold, the reservation of property shall be void after the goods are so affixed as against subsequent purchasers of the realty for value and without notice of the conditional seller's title, unless the conditional sale contract, or a copy thereof, together with a statement signed by the seller briefly describing the realty and stating that the goods are or are to be affixed thereto, shall be filed before such purchase in the office where a deed of the realty would be recorded or registered to affect such realty. As against the owner of realty the reservation of the property in goods by a conditional seller shall be void when such goods are to be so affixed to the realty as to become part thereof but to be severable without material injury to the freehold, unless the conditional sale contract, or a copy thereof, together with a statement signed by the seller briefly describing the realty and stating that the goods are to be affixed thereto, shall be filed before they are affixed, in the office where a deed would be recorded or registered to affect such realty.

Question 373: If A sells machinery to B under a conditional sales contract and B sells the real estate to C (including all improvements and fixtures thereon) can A enforce his rights against C, the purchaser?

(Note: It is generally held that an innocent purchaser of real estate is not affected by the existence of conditional sale contracts of which he has no notice, which affect fixtures that are a part of the real estate. This section is intended to cover such cases and provides a way in which such conditional vendor may protect himself by putting the item upon the real estate records.)

§ 391i. Railroad equipment.

Case 374. Uniform Conditional Sales Act, Sec. 8. 8. Railroad Equipment or Rolling Stock. No conditional sale of railroad, or street or interurban railway

equipment or rolling stock shall be valid as against the purchasers and creditors described in Section 5, unless the contract shall be acknowledged by the buyer or attested in like manner as a deed of real property, and the contract, or a copy thereof, shall be filed or recorded in the office of .; and unless when any engine or car so sold is delivered there shall be then plainly and conspicuously marked upon each side thereof the name of the seller, followed by the word "owner."

(Note: Statutes covering the conditional sale of railroad equipment and rolling stock now exist in most states. are somewhat similar to the above statute.)

§ 391j. Conditional sale of goods for resale.

They

Case 375. Uniform Conditional Sales Act, Sec. 9. 9. Conditional Sale of Goods for Resale. When goods are delivered under a conditional sale contract and the seller expressly or impliedly consents that the buyer may resell them prior to performance of the conditions, the reservation of property shall be void against purchasers from the buyer for value in the ordinary course of business, and as to them the buyer shall be deemed the owner of the goods, even though the contract or a copy thereof shall be filed according to the provision of this act.

Question 375: A under conditional sale contract delivers to B ten lawn mowers to be resold by T in the way of trade. A to pay $10 a month until the last payment when he is to get title. A properly records this conditional sale contract. B defaults in payment and sells a lawn mower to C in ordinary course of trade. Can A retake from C?

(Note: This section states a general rule of law.)

§ 391k. Filing.

Case 376. Uniform Conditional Sales Act, Sec. 10. 10. Filing. The filing officer shall mark upon the contract or copy filed with him the day and hour of filing

and shall file the contract or copy in his office for public inspection. He shall keep a separate book in which he shall enter the names of the seller and buyer, the date of the contract, the day and hour of filing, a brief description of goods, the price named in the contract and the date of cancellation thereof; except that in entering the contracts mentioned in Section 8 the........shall record either the sum remaining to be paid upon the contract or the price of the goods. Such book shall be indexed under the names of both seller and buyer. For filing and entering such contract or copy the filing officer shall be entitled to a fee of (ten cents), except that for filing and entering a contract described in Section 8 the .shall be entitled to a fee of (one dollar).

Question 376: What are the provisions of this section?

§ 3911. Refiling.

Case 377. Uniform Conditional Sales Act, Sec. 11. 11. Refiling. The filing of conditional sale contracts provided for in Sections 5, 6 and 7 shall be valid for a period of three years only. The filing of the contract provided for by Section 8 shall be valid for a period of `fifteen years only. The validity of the filing may in each case be extended for successive additional periods of one year from date of refiling by filing in the proper filing district a copy of the original contract within thirty days next preceding the expiration of each period, with a statement attached signed by the seller, showing that the contract is in force and the amount remaining to be paid thereon. Such copy, with statement attached, shall be filed and entered in the same manner as a contract or copy filed and entered for the first time, and the filing officer shall be entitled to a like fee as upon the original filing.

Question 377: For how long a period does the record protect the seller?

(Note: It is an existing provision in some conditional sales acts and chattel mortgage acts to prescribe short periods for the