Wilson-Moline Buggy Co. v. Priebe

The amended petition, on which this cause was tried, contains two counts. In the first, plaintiff alleges that it “consigned to and deposited with defendant’* certain buggies and other vehicles which defendant, a carriage dealer and repairer, agreed to revarnish and otherwise to repair. Further, defendant agreed to keep the property fully insured for the benefit of plaintiff. Performance of this agreement is alleged, also the subsequent destruction of the property by fire, the collection of the insurance thereon by defendant, and his failure and refusal to pay it over to plaintiff.

In the…