Short v. Martin

Plaintiff, vendor in a conditional sales contract, brought this action in replevin to recover possession of the farm machinery which was the subject of the contract. The defense urged that the contract was severable and two of the pieces of machinery were paid for in full. Immediately prior to the introduction of evidence, defendant and intervenor offered to confess judgment for the balance due on the contract together with interest and costs to that date. Plaintiff refused to accept this offer. After trial the court found, in effect, that plaintiff was entitled to possession if the defendant…