Kelly v. Cliff Pettit Motors, Inc.

This appeal presents an action in detinue for a Dodge automobile and damages for its unlawful detention. A demurrer to the declaration was sustained by the Trial Judge and the Plaintiff has perfected his appeal.

The facts taken from the declaration and the declaration as amended, are as follows: Kelly is an automobile dealer in Big Stone Gap, Virginia, and the Defendant is an automobile dealer in Knoxville, Tennessee. On December 1, 1949, Kelly bought a 1948 Dodge sedan from one Charles C. Hobbs, and after the purchase from Hobbs, Kelly paid off a lien on the automobile, and then received a…