Graves v. Brown

— Under a conditional sale contract appellant sold to respondent certain personal property, consisting of a team of horses, a set of work harness and a disc plow. Respondent failed to make the payment provided. Appellant, in an action of claim and delivery, repossessed himself of the property, sold it, credited the proceeds on the agreed price and commenced this action for the balance due. The trial court sustained a demurrer to the complaint on the ground that it did not contain sufficient facts to constitute a cause of action. Appellant refused to plead further and a judgment, dismissing…