The Winton Co. v. Meister

Briscoe, J., delivered the opinion of the Court. This is an action of trover brought in the Superior Court of Baltimore City by the appellees against the appellant to recover damag’es for the wrongful conversion of an automobile. The judgment in the Court, below was in favor of the plaintiffs, and the defendant has appealed. The questions are presented by a single bill of exception to the rulings of the Court below, in the refusal of the defendant’s prayers, submitted at the conclusion of all the testimony in the case.

The plaintiffs offered no prayers. The principal question involved upon the undisputed evidence in the case is a narrow one, and presents a consideration of the rights of the vendor of an automobile car, under a conditional contract of sale, and the rights of certain repairmen to a lien for repairs made to the automobile, under a contract with the purchasers of the car, after the delivery of the car to the vendees. There can be no serious doubt as to the decision we are required to make on well settled rules of law and by force of authority upon either of the questions directly presented. The law is clearly settled in this State that a conditional sale of personal property where the vendor retains the title until the purchase price has been paid is valid between the ³²⁰ vendor and the vendee and all persons claiming under or through the latter, with notice of the lien.

Acts of 1916, Chapter 355; Praeger v. Implement Co., 122 Md. 308 ; Hall v. Hinks, 21 Md. 406 ; Lincoln v. Quynn, 68 Md. 299 ; 35 Cyc. 665, and cases there cited. In Wilson v. Guyton, 8 Gill, 215 , this Court said, in announcing the doctrine of liens, that it is now recognized as a general principle that, wherever the party has by his labor or skill, etc., improved the value of property placed in his possession, he has a lien upon it until paid. The existence of liens has also been sustained where they contributed to promote public policy and convenience. While there is no statute in this State creating a repairman’s lien for repairs to an automobile, it is clear that a common law lien would exist on such property until the charges for the labor and expenses are paid.

Wilson v. Guyton, 8 Gill, 213 ; 17 R. C. Law, pages 599, 600 and 601, and cases there cited. Under the provisions of the contract of conditional sale in this case, as set out in the record, the vendees were to have immediate possession of the property sold, but the title was to remain in the vendor until the contract price was paid in full. In default of payment of the deferred payments, the vendor was to have the right to take possession of the automobile, and it was also stipulated by the contract itself, in order to be valid as to third parties, it must be recorded within twenty days from the date of its execution. It appears from the proof in the record that the conditional sale in this case was never recorded, and by the express terms of the contract itself, and under Chapter 355, Acts of 1916, it was not valid as to third parties, and it can not