Securities Investment Corp. v. Krejci

• Day, J.

A second appeal of this replevin action comes to this court. For the former opinion, see 128 Neb: 763, 260 N. W. 396. The case was tried the second 'time in the district - court on the petition and the general denial of the defendant. The judgment entered on the verdict of the jury was that the defendant was entitled to the truck or its value of $375.

This case was tried and submitted to the jury on the theory that the note secured by the chattel mortgage on the truck had not been paid in' cash, but under the general denial of the defendant evidence was offered of a breach of warranty…