Emerson-Brantingham Implement Co. v. Arrington

On Rehearing.

SOMERVILLE, J.

We are satisfied of the correctness of our conclusion that defendant’s plea 8 is defective in its omission of any allegation showing that when plaintiff repossessed itself of a part of the goods, as alleged, the other goods were still in defendant’s possession, and subject to repossession by plaintiff. The plea exhibits the contract of purchase, showing that the goods were purchased for resale .to defendant’s customers, and that they would be thus resold in the ordinary course of business. It will not be presumed, in favor of the pleader, that any part of these…