Upchurch v. Carroll Furniture Co.

Carroll Furniture Company brought a trover suit against Miss Ella Upchurch to recover certain personal property, title to which was alleged to be in Carroll Furniture Company under a written retention-of-title contract. The defendant proved that Carroll Furniture Company had brought a previous suit against the defendant, in assumpsit on open account, for the purchase-price of the goods sought to be recovered in the trover action, which action was not based on the written contract, and in which case the contract was not introduced in eviden'ce, and had obtained a judgment therein and had…