McQuagge Bros. v. Thrower

The bill is filed to redeem personal property held under a conditional sale contract, and to enjoin a suit in detinue for the property. In effecting redemption, it is sought to set off certain demands held by the plaintiff. Complainant offers to do equity. The demurrer raises the point that there is no averment of insolvency of respondents; hence, no want of an adequate remedy at law to recover the demands complainant seeks to set off in this suit.

Where the purchaser of a chattel pays a large portion of the purchase price, the balance to be paid by installments, secured by a contract…