Turner v. Zip Motors, Inc.

— The instant case is an outgrowth of A. C. Nelsen Auto Sales, Inc. v. Turner, 241 Iowa 927, 44 N.W.2d 36, a replevin action in which the plaintiff, an Omaha automobile sales agency, claimed the right to possession of a Packard car from the defendant, Turner, who is the plaintiff in the action now before us. Turner successfully defended the replevin suit both in the trial court and this court. He now alleges that the litigation was brought about by the wrongful conversion of the automobile, which was at all times his property, by the defendant, Zip Motors, Inc., acting through its agent, one…