Mossler Acceptance Co. v. Burke

MONTEITH, Chief Justice.

This action was brought by appellee, James S. Burke, a used car dealer, for recovery from Mossier Acceptance Company, hereinafter referred to Mossier, and the South Main State Bank, alleging that ■he had the legal title to four used automobiles, and that Mossier and the South Main State Bank asserted liens as against them. He sought a determination by the trial court of the respective rights and ownership of the cars.

While this suit was pending, Burke and Mossier entered into a written agreement, under the terms of which appellee was to deliver the four used cars…