Sterchi Brothers Stores Inc. v. Daniels

1. The petition, when considered as a whole, indicates that the plaintiff intended to proceed in tort, and counsel and the court treated the action as one ex delicto for alleged damages resulting from the defendant’s alleged trespass in repossessing furniture previously sold by it to the plaintiff.

2. The action being in tort, and since the repossession if wrongful caused the plaintiff to sustain a total loss of her property right in the furniture, the measure of the actual damages was the market value of her said property right at the time of the trespass, to which interest could be added.…