Medico Leasing Company v. Smith

HODGES, Justice:

Plaintiff, Medico Leasing Company, sought in this action below to replevin an automobile from the defendants, W. C. and Dorene Carter. Plaintiff had turned over possession of the automobile to a used car dealer named Smith to sell. Smith, representing himself as owner, sold the automobile to the defendant Wessel Buick Company who later resold it to Country Cousins Motors, Inc. Smith did not remit the purchase money to the plaintiff. Subsequently Carters purchased the car from Country Cousins Motors. No redelivery bond was posted and plaintiff took possession of the automobile.…