Franklin Service Stations, Inc. v. Sterling Motor Truck Co.

This is an action of trover to recover the value of two automobile tires. The pleas are the general issue and a special plea in the nature of estoppel. Jury trial was waived and the decision by the trial justice was for the defendant. To this decision plaintiff took exception and now is in this court on bill of exceptions.

Plaintiff, a dealer in. automobile and truck tires, on May 29, 1928, sold to one George Penta two 40 x 14 heavy, solid rubber automobile truck tires and rings for $385 under a conditional sale contract. By the terms of the contract the vendee was to pay for the tires in…