Clark & White, Inc. v. Fitzgerald

At the trial of this action of replevin there was evidence tending to show the following: On April 27, 1953, one Savage purchased a 1951 Mercury automobile from the plaintiff for $1,995 under a conditional sale contract. Savage traded in a 1950 Ford, representing that he held an unencumbered title to it, and received a trade-in allowance of $1,000 on account of the purchase price. With finance and insurance charges the balance due the plaintiff under the contract was $1,274.64. Later it developed that Savage did not own the Ford which he had traded in and the plaintiff was obliged to…