Clarke & White, Inc. v. Fitzgerald

This is an action of replevin to recover a 1951 Mercury automobile from a deputy-sheriff holding said automobile under a writ of attachment.

In its aspect most favorable to the plaintiff it appeared that on April 27, 1953, Robert Savage purchased a 1951 Mercury automobile from Clarke and White, Inc., under a "Conditional Sales Contract”, for a purchase price of $1995. In effecting the transaction Savage received a trade-in allowance of one-thousand ($1,000) dollars for a 1950 Ford. With finance and insurance charges the balance due under *130the "Conditional Sales Contract” was twelve-hundred and…