Roberts v. Robertson

The opinion of the court was delivered by

Johnston, C. J.:

This was an action brought to recover an automobile, and in the event that it could not be delivered, a recovery of its value. Verdict and judgment were given in favor of plaintiff, and defendant appeals. ■

Orville Roberts, an automobile dealer, sold an automobile to W. R. Powell for $1,350, on November 18, 1924, on which a partial payment was made and a chattel mortgage thereon was executed by Powell to secure the payment of the unpaid balance. Several payments were made, which reduced the indebtedness to $866.25, but default was made…