Rostykus v. Fidelity Finance Co.

Plaintiff brought this action against the Fidelity Finance Company, a corporation, and its surety, Sharp, to recover damages for breach of the terms of a replevin bond executed by defendants. An order was entered sustaining defendants’ demurrer to the amended petition, and plaintiff has appealed. The facts out of which the controversy arose may be summarized as follows:

October 18, 1946, the plaintiff, then a minor, purchased an automobile from one Holden, made down payment thereon, signed notes for the balance due and executed a chattel mortgage on *443the automobile to secure the notes. The…