Dasher v. International Harvester Co. of America

1. In a suit in trover brought by the vendor of personalty against the purchaser, where the defendant in his plea denies the plaintiff’s title to the property, and where the defendant was in possession of the property when the action was brought, and the defense is that, due to a failure of consideration or a breach of warranty, the defendant does not owe a balance of the purchase-money, no proof of demand is necessary to establish a conversion. Civil Code (1910), § 4483; Scarboro v. Goethe, 118 Ga. 543 (45 S. E. 413) ; Grant v. Miller, 107 Ga. 804 (33 S. E. 671); Muse v. Wright, 103 Ga. 783…