Harlee v. Federal Finance Corp. of America

*164The defendant moved to strike out these allegations.1

Pennewill, C. J.,

delivering the opinion of the Court:

The motion before the Court raises the following questions :

1. Whether the act of the defendant, in selling the car or refusing the tender, can be said, as a matter of law, to have been “malicious.”

2. Whether the defendant can be held liable for the plaintiff’s expenses, including the cost of a replevin bond and the fee of his attorney.

Respecting the first question we may say, the plaintiff admitted at the oral argument that the act of the defendant complained of could not be held to have…