Sears, Roebuck & Co. v. Higbee

Mr. Presiding Justice Dever

delivered the opinion of the court.

Plaintiff brought an action in replevin against defendant, B. B. Higbee, to recover possession of a set of Encyclopedia Britannica which it had delivered to him in accordance with an agreement which provided that Higbee was to pay therefor the sum of $82 at the rate of $3 a month.

May 27,1920, plaintiff recovered a judgment against defendant for $60 and costs of suit for a balance due it under the agreement. The judgment was vacated on July 16, 1920, on motion of plaintiff. August 17,1920, the present action was begun.

The agreement…