Fry Bros. v. Theobold

Opinion of the Court by

Judge McCandless

Appeal granted and reversed.

This is a suit to recover possession of a Ford automobile, under an order of claim and delivery. A demurrer was sustained to tbe petition and plaintiff declining to plead further, his action was dismissed, and he is seeking an appeal in this court.

*148It is substantially alleged in the petition that on February 1, 1921, the plaintiff, a corporation, made, a conditional sale of the machine in question to one Weir, for the sum of $500.00. $50.00 in cash and execution of nine promissory notes of $50.00 each,-payable monthly, each of…