Cecil Holland Ford, Inc. v. Jameson

HORTON, Judge.

This appeal is from a summary judgment in replevin which awarded to appellee possession of a 1960 Ford Thunderbird automobile and judgment in the sum of $5,-107.60 for its value.

The Ford automobile, the subject matter of replevin, was originally sold by the appellant to Ball Construction Co. and delivered to Robert W. Ball, president, who executed a retain title contract providing for a down payment of $1,000, with the *622balance of $4,107.60 due in one month. At Ball’s request, the appellant delivered the automobile to appellee. The $1,000 check given by Ball as a down payment was…