Wood v. Lambert

McOLELLAN, .J,

Detinue by appellants (plaintiffs) against appellees (defendants) to recover an automobile bus sold by the plaintiffs to the defendants; the former-taking mortgage to secure deferred monthly payments on the purchase price. There was default in deferred installments. By agreement of counsel the defendants pleaded in short by consent, in addition to the general issue, breach of warranty and recoupment in damages therefor, suggesting that plaintiffs claimed under a mortgage on the machine, and asked that the amount of the mortgage debt be ascertained. Code, §§ 3789, 3791. The jury…