P. & E. FINANCE CO. v. Wooden

This action was brought by P. & E. Finance Company, mortgagee, against W. A. Wooden to collect a note and for possession of a Buick automobile mortgaged to secure payment of the note. The automobile was recovered by the plaintiff under a writ of replevin, taken to Oklahoma City, advertised for sale and bid in by plaintiff and later resold to a third party.

This case was presented on a pretrial stipulation, a part of which is as follows:

“It is further stipulated and agreed that the car was sold before judgment was rendered in this case.”

The defendant in his cross-petition sought damages for…