Omaha daily bee., 1919-03-26
Our Free Legal Aid
State your case clearly but
briefly and a reliable lawyer
will furnish the answer or
advice in this column. Your
name will not be printed.
Let The Re- AJv;.. Won
Conditional Sale and RepIeyin.
Let The Bee Advise You

j. e. HIN 1917 / purchased
some machinery from a wholesale
hardware company on which I paid
one-half of the purchase price and
gave a note for the balance. due IS
months after date. The note con-
tanned the provision as follows:
1.-THE title to the machinery for
which this note is given, and all
goods subsequently ordered and de-
livered to the purchaser, shall re-
main in the name Of the hardware
company until settled fully for in
cash. Notes are not accepted as
cash. but only as evidence of in
debtedness."
was unable to pay the note when
due and the company has now noti-
fed me that unless the note is paid
by April | they will institute a re-
plevin suit to recover back the ma
chinery.
Is the note fHve them evidence
Of payment and can they recover
back their machinery?
Answer-1n the case of Racine
Sattlery Company against Meinen,
70 Nebraska 1913, decided by our su-
preme court in 1907. the facts were
almost identical with those In your
case. In this case the court held
that a contract for the sale of agri-
cultural implements, which provides
that the title shall remain in the
vendor until the whole price is paid,
Is conditional sale and the title
would not pass until the full pur-
chase price was paid. In this case
also replevin was allowed to recover
back the implements.
Signature.
B. C.-Is signature legal which
is signed, Witness my hand this =
day of -, 1919" and no name ap-
pears as witness?
Answer-It is not necessary to the
validity of signature that it be wit
messed. If the name Of the party
whose signature is required Is writ
ten by him 1t is a sufficient sigma
ture. Signatures adopted by per-
sons are sufficient to give validity
to instruments, even though they
are illegible, and the purpose of
a witness to signature is merely for
the purpose of proving the hand
writing or that the signature Is that
of the person it is claimed to be and
of showing that the signature rs
genuine without further proof.
Insurance.
A. S. H-A man dies leaving chill
dren by former marriage, also a
widow with no children of second
marriage. He has left his Bank
ers Life insurance in his first wife's
name, who died long ago. Does
this insurance go to the estate and
does his widow get any of the insur-
ance?
Answer-It is a general rule that
in the ordinary life insurance policy,
owing to the fact that the bene-
ficiary has a vested right In the pol
icy, that on the death Of the bene-
ficiary in the lifetime Of the insured
his rights pass to his estate and the
insured cannot in the absence of
policy provisions giving him the
right thereafter divest that right.
Much depends upon the particular
policy, as the provisions in the pol
icies of different companies vary
on this subject, and as there are
several companies by the name OF
Bankers Life Insurance Co., l 90
not know in which company your
husband has his policy and DO not
know the provisions thereof. so
IIldC II Is lIlpOSSiUiC Iva tiio W AN1.S
answer your question. Most pol
icies, however, contain a provision
which will fully answer your ques-
ton.
Damages for Breach OF Contract.
V. ]. HIN July, 1918, ] made
a. written contract with an Omaha
automobile concern by the terms OF
which I was to pay them certain
price for six cars which were to be
delivered to me at my residence in
Nebraska in 60 days. / paid a por-
ton of the contract price. They
failed to deliver the cars within the
time specified and have since in
formed me that they cannot deliver
them. On the strength of the pur-
chase I had made in July l sold the
cars to farmers in my vicinity at an
advanced price. of $3.50 over the
contract purchase price. Have | an
action against the company and how
much am / entitled to recover?
Answer-Under this statement Of
facts you are entitled to recover the
difference between the contract price
and the price at which you actually
sold the cars or contracted to sell
them, this amount being certain and