Shelton v. Conant

The opinion of the court was delivered by

Stiles, J.

This action was commenced September 19, 1892, for the foreclosure of a chattel mortgage. More than a year later the defendant filed an answer, which alleged that on or about October 12, 1889, the plaintiff sold and agreed to deliver at once to the defendant certain personal property (described) of the reasonable value of $383.00 ; and that plaintiff had failed to deliver said personal property though often requested by defendant so to do, to defendant’s damage in the sum of $383.00.

*194Upon the trial of the case, the court, upon the suggestion of…