Williams v. Walker-Thomas Furniture Co.

198 A.2d 914 (1964)

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Nature of the Case

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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.