Heryford v. Davis/Dissent Bradley

MR. JUSTICE BRADLEY dissenting.

I dissent from the judgment in this case. I think that, in the absence of express law to the contrary, no only has a man the right to make a conditional sale of his property, but that this right is not opposed to sound public policy, and should be fairly and liberally dealt with. The present case was, in my opinion, clearly a conditional sale, and nothing else; and the owners of the property had a right to reclaim it on the terms contained in the agreement. These terms were fair and just; not involving and forfeiture, but providing for a due allowance for every dollar paid, by requiring a sale of the property if the purchase should not go into effect.