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Gaylords garage inc4/2/2023 ![]() 274, 280), purported to convey to the defendant, and the defendant intended to obtain, and believed it was obtaining, a full and complete title to the automobile. The evidence was to the effect that Gewlas, instead of merely transferring his interest as conditional vendee (see Rowe Vending Machine Co. ![]() This is an action for the conversion of an automobile sold on conditional sale by the plaintiff, a dealer in automobiles, to one Gewlas on March 1, 1940, and resold by Gewlas to the defendant, also a dealer, on or about June 27, 1940, before Gewlas had paid the full purchase price to the plaintiff.509, § 1, could not maintain an action for alleged conversion against one who purported to purchase the entire title to the article from the vendee. A conditional vendor who lost his security title to the article sold by reason of his failure to include in the contract with the vendee the provisions required by G.L. ![]() 509, § 1, does not make wholly void a transaction of conditional sale evidenced by a written contract not containing the provisions required by the statute as to the application of payments by the vendee and of the net proceeds of a sale in case of repossession, but merely invalidates so much of the contract as evidences the condition of the sale whereby the vendor retains a security title and deprives him of that title, leaving the sale otherwise valid as the equivalent of a sale on credit. Section 13A reads as follows: "No instrument evidencing a conditional sale of personal property shall be valid unless it contains a provision that, in case of repossession and sale of such personal property for default in payment of any part of the total time price, all sums paid on account of such price and any sum remaining from the proceeds of a sale of such repossessed personal property after deducting the reasonable expenses of such repossession and sale shall be applied in reduction of such price, and that, if the net proceeds of such sale exceed the balance due on such price, the sum remaining shall be paid to the vendee provided, that this section shall not apply to an instrument evidencing a conditional sale of personal property affixed or attached to real estate in any other manner than by an electrical connection." Go to The effect of this omission upon the rights of the plaintiff must be considered. 509, § 1, and did not contain the provision required by that section to be included in the instrument evidencing the sale. The agreement of conditional sale between the plaintiff and Gewlas was made after the present G.L." should be construed as if they read, "No instrument in so far as it evidences the condition in a conditional sale of personal property shall be valid." Go to ![]() We think that in enacting § 13A the Legislature had in mind the analogy of a mortgage and used the words "conditional sale" in the sense of "condition of the sale." We are of opinion that the second interpretation of the section suggested above is the true one, and that the words "No instrument evidencing a conditional sale of personal property shall be valid. If a liberal, even if not literally exact, interpretation of certain words is necessary to accomplish the purpose indicated by the words as a whole, such interpretation is to be adopted rather than one which will defeat that purpose.
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