Dowdell v. Empire Furniture & Lumber Co.

Appellee brings an action of trover to recover of defendants damages for the conversion of furniture which they purchased from Geo. B. Brown & Co. The agreement, under which the furniture was delivered to Brown & Co., by plaintiff was not in writing, but the evidence shows, that it was delivered upon the same terms and conditions of a previous written contract, made by the parties in *317July, 1885. The rights of the parties depend upon the construction of this contract — whether it is a conditional sale, or a mortgage; for there can be no pretense that it is a consignment. If the instrument…