International Harvester Co. of America v. Pittman

BOULDIN, Justice.

In action of detinue founded upon a chattel mortgage, which is in default, a voluntary promise, without consideration, to postpone the date for surrendering the property to the mortgagee, presents no defense.

No new demand for delivery before the postponed date in such case is necessary. The want of such demand might be considered by the trial court in awarding costs, and no damages for detention prior to suit filed should be awarded. Black v. Slocumb Mule Co., 8 Ala. App. 440, 62 So. 308; 11 C. J. p. 557, § 255.

A contract postponing the date when the mortgagee is entitled to…