Midwestern Machinery Co., of Minneapolis v. Parsons

HOGAN, Judge.

This is a second appeal in a court-tried replevin case. See Midwestern Machinery Co. v. Parsons, Mo.App., 385 S.W.2d 224. Broadly stated, the case involves an attempt by the plaintiff, as vendor, to substitute or exchange a chattel which its vendee had mortgaged to the defendant, and the parties’ rights arising out of the transaction. The essence of the plaintiff’s claim is that it is entitled to possession of the chattel, as against defendant’s assertion that the plaintiff is equitably estopped to assert its title. Briefly, the controversy came about in this manner: In February…