William H. Nichols Garage, Inc. v. Miller

Appellee purchased of appellant a certain automobile, title to remain in appellant until notes given for balance of purchase price were paid. One of the notes not having been paid at maturity, appellant commenced this action in replevin. The complaint was in the usual form, it being averred that plaintiff was the owner of the automobile, and entitled to immediate possession. Appellee, as defendant, answered by denial, and filed a counterclaim in two paragraphs; the first for damages for breach of warranty; second asked that the note not paid at maturity be canceled for certain alleged acts of…