General Motors Acceptance Corp. v. Burns

Shughart, P. J.,

We have before us for consideration the petition of plaintiff to set aside a sale of an automobile which is the subject matter of this action in replevin and to strike off the counterbond filed by defendant. After an answer was filed to plaintiff’s petition, certain factual matters involved in the action were submitted by stipulation.

From the stipulation, it appears that sometime prior to July 15, 1960, defendant, the operator of a garage, received possession of a 1956 Oldsmobile Convertible from one John P. Olivia for the purpose of repairing the same. Olivia had purchased…