Minneapolis Threshing Machine Co. v. Stanford Mercantile Co.

One Louis Kalous gave to plaintiff a chattel mortgage upon certain personal property, which mortgaged property was sold by defendant without consent of plaintiff. It is contended by plaintiff that defendant was a trespasser and committed a tort in making the sale, and that- plaintiff thereby has an action in conversion against defendant. Plaintiff expressly waives the tort, however, affirms the sale, and sues to recover the sale price of the property. At the close of plaintiff’s evidence, defendant moved for a nonsuit, which motion was granted. Plaintiff made a motion for new trial, which…