SALES - RECOVERY BY SELLER AGAINST THIRD PARTY TORTFEASOR

Plaintiff sold a truck under a conditional sales contract expressly reserving title until the purchase price was paid by the buyer. Pursuant to the terms of the contract, possession was transferred to the latter. While the truck was in his possession it was destroyed through the negligence of the defendant, a third party. At the time of the destruction the buyer had not defaulted in the payments.

Held, affirming the decision of the lower court, that the plaintiff had no right to maintain an action against the defendant to recover for the negligent destruction of the truck. Gas City Transfer Co. v. Miller, (Ind. App. 1939) 21 N. E. (2d) 428.