Judson C. Burns, Inc. v. Weinberg

Opinion by

Parker, J.,

This is an action in replevin brought to recover possession of an electric refrigerator and comes to us on an appeal by the plaintiff from an order of the court below refusing to enter judgment for want of a sufficient affidavit of defense.

Plaintiff alleged in its declaration that by written agreement dated Aiigust 27, 1931, copy of which was attached, it had leased the refrigerator in question to the defendant for a term of twenty-five months at a rental of $446.92, to be paid $25.00 at the signing of the agreement and the balance in monthly instalments of $17.58,…