Kelsoe v. Grouskay

PHELPS, Justice.

This is an action in replevin instituted by appellees hereinafter called plaintiffs, against appellants, hereinafter called defendants, for the possession of a 1942 Studebaker automobile. Defendants denied generally the allegations of plaintiffs’ complaint and filed a cross-complaint for recovery of possession of the car or for its value and for damages for loss of its use and for its depreciation.

The facts are that plaintiffs were the owners of the automobile in question and in April, 1947, sold it to one Phillip A. Karlyle for the sum of $1,495. Karlyle gave plaintiffs one…