Charmante Studio, Inc. v. Greenfield

The action is in replevin. The defendants agreed to sell and deliver to plaintiff a washing machine and dryer for $475, of which $25 was paid on account. The balance of $450 was to be paid on or before delivery. The machines were not delivered although plaintiff tendered the balance of the purchase price. The complaint demanded the delivery of the machines or their value and damages for their unlawful detention. The jury’s verdict was: “ The plaintiff is entitled to $395, and the recovery of the machines.” No provision was made for the balance of the purchase price.

This verdict cannot stand.…