Sklar v. Lilly-Thompson Drilling Corp.

PORTERIE, District Judge.

The unpaid vendor of a drilling rig, having taken a.chattel mortgage at time of sale, sues to recover from the purchaser the alleged unpaid purchase price of $42,000, with-the recognition of the privilege of the vendor and of the preference of his mortgage. This phase of the suit gives the court no' issue to decide, as the purchaser (drilling: contractor) has accepted service of the peti*471tion, has merely denied perfunctorily the allegations of the plaintiff, was not represented by counsel at the trial — and the plaintiff at the trial proved the debt. The real issue of…