Robbins v. Simons Sales Co.

Plaintiff brought replevin for an automobile sold to him by defendant, of which defendant claimed possession under a title retaining contract. At the opening of the trial, plaintiff’s counsel “advised the court that his client had chosen not to proceed with the case.” Defendant’s counsel then waived the return of the vehicle and elected to take judgment for the. amount of its special interest therein. Proof of such interest was offered and judgment entered for defendant for $1,250. The case was tried by the court without a jury. There was no request for findings, nor were any made or filed.…