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DICK CONWAY MOTORS v. CALDWELL-DOUGLASS COMPANY

No. 5-2399.

345 S.W.2d 630 (1961)

DICK CONWAY MOTORS, Inc., Appellant, v. CALDWELL-DOUGLASS COMPANY, Appellee.

Supreme Court of Arkansas.

Rehearing Denied May 22, 1961.

Attorney(s) appearing for the Case

Henry W. Gregory, Jr., and H. Murray Claycomb, Pine Bluff, for appellant.

Joe Holmes, Pine Bluff, Langston & Walker, Little Rock, for appellee.

HOLT, Justice.

This is a suit to determine the priority between the holder of an unrecorded title-retaining contract and a judgment creditor. During the fall of 1959 (Dec. 8) Dick Conway Motors, Inc., of Lonoke sold to Opie McPherson a new 1960 automobile under a title retaining instrument. At the request of McPherson, Conway Motors retained the manufacturer's certificate of origin. Conway Motors assigned the conditional...

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