Broad Street Auto Sales, Inc. v. Baxter

Marie B. Baxter, appellee, instituted an action in detinue against Broad Street Auto Sales, Inc. (Auto Sales), appellant, to recover possession of an automobile or its alternate value. In this appeal, we decide whether, under the facts presented, detinue will lie.

The facts are undisputed. Auto Sales sold the automobile to Baxter for $1,576.90. Baxter made a $481.90 cash down payment, which left an unpaid balance of $1,095. The sales contract provided for $70 biweekly installment payments on the balance. In the event of a default in the payment of any installment not cured within 10 days, Auto…