Miller v. Modern Motor Co.

TUTTLE, J., pro tem.

This is an action brought to recover possession of an automobile, or, in the event delivery cannot be had, to recover judgment for the value thereof. Judgment went for plaintiff, to the effect that upon payment by plaintiff of the entire balance due on the purchase price of the automobile, delivery be made to plaintiff. If delivery could not be had, then plaintiff should have judgment in the sum of $1612.63. This appeal is prosecuted from the judgment.

It is first contended that the complaint does not state sufficient facts to constitute a cause of action, in that waiver is…