Sims v. Sugg

The opinion of the court was delivered by

Smith, J.:

This is an action for the possession of an automobile, or in the alternative for damages for its retention. The demurrer of one of the defendants to plaintiff’s petition was sustained. Plaintiff appeals.

The petition alleged that plaintiff is a resident of Missouri and on September 19, 1947, owned the described automobile and on that day defendant Sugg and plaintiff made a contract for its sale for $1,175 cash; that plaintiff gave Sugg his certificate of title issued by the state of Missouri and assigned it to him and delivered the car to…