Kirch v. La Tourette

The opinion of the court was delivered by

Swayze, J.

This is an action of replevin to recover chattels sold by the plaintiffs to the defendant on contract of conditional sale, by which the vendee agreed that the price should be paid by installments and the title remain in the vendor until full payment was made. The vendee defaulted in her payments and the court held that the plaintiffs would be entitled" to a-return of the goods, hut for the fact that the plaintiffs had attached the same goods for the unpaid balance of the purchase price. The attachment was quashed by consent upon the defendant…