Lembeck & Betz Brewing Co. v. Tarrant

The opinion of the court was delivered by

Parker, J.

This was a suit of replevin. The plaintiff gave bond and the sheriff took the goods into possession, but within the statutory time the defendant served a claim of title and rebonded. Before the trial, however, the defend*373ant made two offers to the plaintiff to return the goods and pay the costs, both of which offers the plaintiff refused. At the trial the defendant admitted the plaintiff’s title. The plaintiff admitted that the two tenders had been made, and gave evidence of the value of the goods; whereupon the defendant moved the court for a…