Downs Motor Co. v. Colbert

1. “It shall be at the option of the plaintiff, in an action to recover personal property, to say -upon the trial thereof whether he will accept an alternative verdict .for the property or its value, or whether he will demand a verdict for the damages alone, or for the property alone and its hire, if any; and it shall be the duty of the court to instruct the jury to render the verdict as the plaintiff may thus elect.” Civil Code (1910), § 5930. But the plaintiff does not have this option “if the defendant at the first term will tender the property to the plaintiff, together with reasonable…