
    No. 362
    No. 18196
    The Parker Alliance Company v. The Co-Operative Machinery Company.
    Error to the Court of Appeals of Cuyahoga county.
    276. CONDITIONAL SALES —Suit in equity to- foreclose lien, not precluded by 8570 GC., providing against seller’s retaking without repaying part of purchase price — Waiver of the statute immaterial.
   DAY, J.

The right to maintain a suit in equity to foreclose a lien created by a conditional contract of sale has not been precluded by Section 8570, General Code, providing against the vendor of a chattel retaking possession without repaying a certain part of the purchase price. The fact that such conditional contract of sale' contains a waiver of Section 8570, General Code, is immaterial.

Judgment affirmed.

Marshall, C.- J., Robinson, Jones Matthias ,and Allen, JJ., concur. Wanamaker, J., not participating.  