Harry L. Hussman Refrigerator & Supply Co. v. Cash & Carry Grocer, Inc.

The opinion of the Court was delivered by

Mr. Justice Coti-iran.

These two actions were tried together in the Circuit Court, and the appeals were heard together in this Court. They involve precisely the same questions, and a determination of the appeal in the first case will be decisive of both.

The appeal is from an order granting a partial new trial upon the motion of the defendants, under the circumstances which will be detailed.

The plaintiff brought an action in claim and delivery for the possession of a described refrigerator, which it had sold to the defendants, taking a chattel mortgage…