Earley v. Servwell Sales Corp.

T. J. Earley filed an affidavit of illegality to the foreclosure of a retention-of-title sale-contract on certain personal property by Servwell Sales Corporation. Earley’s defenses were non est factum, payment, and failure of the plaintiff to pay the costs in a former foreclosure proceeding of the same paper in a justice’s court after the proceeding had been dismissed. The jury found a verdict for the plaintiff, and the defendant excepted upon the general grounds and two special grounds.

Under the evidence the'jury had the right to find against the *94plea of non est factum, and were authorized…