May v. Stallings

FOSTER, Justice.

This case involves the question of whether appellee as defendant in a suit at law was due to have the affirmative charge given on each of the counts: One, for trover; two, for trespass; and three, for money had and received.

Plaintiff was the purchaser of the automobile described in the first two counts; of the complaint, and which was the foundation of the claim in the third count. The purchase was from the defendant and both plaintiff and defendant executed a conditional sales contract whereby the title was not to pass to plaintiff until the purchase price was paid.

This…