Commercial Credit Co. v. Seale

SIMPSON, Judge.

The suit is in detinue, by appellant (plaintiff) against appellees (defendants) 'for a Dodge automobile. From an adverse judgment, the plaintiff appeals.

Plaintiff rests its right of recovery upon a conditional sale contract and negotiable promissory note executed contemporaneously and delivered by defendants to Austin Motor Company for the balance due of the purchase price of the automobile. These instruments were duly transferred and assigned for value, before maturity, to the plaintiff in this action.

The defendants pleaded breach of (oral) warranty, the gravamen of their…