Landis Machine Co. v. Omaha Merchants Transfer Co.

The plaintiff instituted an action in replevin in municipal court to recover certain merchandise, as owner thereof under a conditional sales contract, from the sheriff of Douglas county who had levied on such property under a distress warrant for personal taxes assessed to the vendee, in possession of the property. The municipal court found for the plaintiff. The defendant county appealed to the district *391court which dismissed plaintiff’s petition at its costs. Plaintiff appeals.

On October 3, 1936, the plaintiff’s agent procured an order from Joseph Constantino, of Omaha, for the purchase of…