Edison General Electric Co. v. Walter

The opinion of the court was delivered by

Dunbar, C. J.

This is an action of replevin for the possession of personal property. It is brought against respondent, a receiver, the party in actual possession thereof. Appellant predicates its claim and right to possession upon a contract set forth in its complaint. Respondent demurs to the complaint upon the ground that it did not state a cause of action. The demurrer was sustained, and the plaintiff, electing to stand upon its complaint, appeals to this court.

The question in this case is whether the contract constituted a conditional sale with the…