Yancey Brothers Co. v. Dehco, Inc.

Eberhardt, Judge.

The petition brought for the 2W scraper was not subject to general demurrer.

In response to defendant’s motion for new trial on the general grounds, the plaintiff advances two theories as to why its recovery should be allowed to stand. They are: (a) that, under the circumstances, the defendant is estopped to rely on the misdescription in serial numbers, and (b) that the description in the recorded bill of sale to secure debt was sufficient, under the circumstances, to create a jury question as to the constructive notice imparted to defendant by its recordation.

Estoppel.…