Thomas v. Schaad

Appellees brought suit in replevin to recover certain sawmill machinery which they had sold under a written contract dated July 11, 1919. The writing referred to described the property sold, which was a part of a sawmill outfit, and retained title until the purchase money was paid.

Appellant—the defendant below—filed an answer, in which the execution of the writing evidencing the sale of the machinery and the reservation of the title was admitted, but alleged that defendant had bought other machinery from plaintiffs, which was sold under a warranty, and that the machinery so sold did not…