WILLIAMS V. WALKER-THOMAS FURNITURE CO.
198 A.2d 914 (1964)
NATURE OF THE CASE: This was a replevin action for breach of contract. Williams (D) appealed from a judgment, which held in favor of Walker (P), retail store, and found that the contracts between P and D for purchases of household articles were valid.
FACTS: Williams (D) purchased household items from Walker-Thomas (P) on an installment payment plan. Under the contract, P would keep the title to the goods until all monthly payments were made. In the event of a default, P would repossess the item. The contract also provided that any installment payments would be credited proportionately to all outstanding accounts. The effect of the latter clause was to keep a balance due on every item purchased until the balance due on all items was paid in full. There were fourteen contracts in all. P sold D her last purchase, a $514 stereo, with full knowledge that D had to support herself and seven children on a government stipend of $218 a month. When P made her last purchase, she only owed $164 on a balance of $1,400. D defaulted on the payments and P filed an action for replevin of all the goods sold to her. The trial court granted a judgment for P. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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