Jones v. Lemay-Lieb Corp.

This is an action of tort for the conversion of a DeSoto sedan on December 27, 1935. The defendant’s answer contains a general denial; and allegation of res judicata in. that the issues involved in this action were determined in favor of the defendant in an action of replevin to recover the Chrysler previously brought by this plaintiff against this defendant and an allegation that by bringing the writ of replevin the plaintiff made an election of remedies.

*646The case was submitted on an agreed statement of facts and certain evidence set forth in the report.

The plaintiff having bargained for the…