National Finance Co. v. Mitchell

Action in replevin for a motor truck in which defendant had a verdict. From an order denying plaintiff’s motion for judgment non obstante or a new trial, it appeals.

The complaint alleged ownership and right of possession in plaintiff, defendant’s wrongful detention after demand and the value of the truck. The answer is lengthy, but the substance, so far as material to the question raised on this appeal, may be thus stated: An oral contract was made between defendant and plaintiff with the consent of Mis C. Jensen to the effect that if defendant would pay $1,407, execute a note and contract in…