Masopust v. Hopkins

*367The opinion of the court was delivered by

Mason, J.:

In July, 1920, Louis J. Masopust sold a tractor to A. J. Hopkins, receiving in payment a steam engine valued at $2,000, $1,040 in cash, and a note for $1,800, which was secured by a mortgage on the tractor and other property. He brought this action in replevin for the tractor, claiming title by a sale under the mortgage. The defendant in his answer, in addition to a general denial, alleged that an oral warranty had been given and broken, on account of which he claimed damages. Judgment was rendered in favor of the plaintiff for the possession…