Hodges v. Cummings

This was an action for the recovery of an article of personal property. The plaintiff elected to take a verdict for the damages alone, and the trial resulted in a verdict in favor of the plaintiff. The defendants assign error upon the refusal of the court to grant a new trial.

1. The evidence authorized a finding that the chattel in question was sold by the plaintiffs to the defendants for a stated sum, that title was reserved until the purchase-price should be paid, and *1001that no part of the same had been paid. Upon this state of facts the judge charged the jury that the plaintiff was entitled…