New Home Sewing Machine Co. v. Bothane

In this case the plaintiff, who had sold defendant a sewing-machine for $65, all of which but $10 had been paid, replevied it without demand. The reason given on the trial was a failure to pay part of the price at the time specified. In the court below the jury were instructed that plaintiff could not replevy without a demand, and a verdict was rendered, under the court’s instruction, for $62.70, being the amount paid on the machine, with interest. The testimony showed, without contradiction, that the machine was worth $65, and there was no proof of the value of its use.

As defendant was…