Schaefer v. Whitson

OPINION OP THE COURT

WATSON, J.

Plaintiff, suing in replevin for the recovery of an automobile, alleged in her complaint that, being the owner of it, she made a written contract in September, 1923, to sell it to one Shepard upon payments, retaining the title in herself until the payments should have been made; that in April, 1924, Shepard sold and delivered the car to. defendant; and that he took the car, with knowledge of the contract and of Shepard’s default in the payments. Defendant, by answer, denied that he bought, received, or took the car “with knowledge of any claim, mortgage, lien or…