Pennig v. Schmitz

STONE, Justice.

Trover, wherein plaintiff had a verdict. Defendants, husband and wife, appeal from the order denying their motion for judgment notwithstanding or a new trial.

In November, 1923, plaintiff sold a warm air furnace to defendants under conditional sales contract and installed it in their home. In August, 1927, when $233.50 was still unpaid on the contract, defendants sold their dwelling, together with the furnace. The purchasers took possession without knowledge that the furnace was not paid for.

The furnace remaining plaintiff’s property under the conditional sales contract, because…