Tree Plateau Co. v. Mount Vernon Mills, Inc.

This action was tried before me without a jury. Both sides waived findings of fact and conclusions of law. The plaintiff Tree Plateau Co., Inc., is seeking to replevy, and claims damages for the alleged conversion by the defendant Mount Vernon Mills, Inc., of certain duck canvas. At the trial the plaintiff amended its complaint to set forth an additional cause of action alleging negligence by the defendant. The defendant amended its answer to deny any negligence and alleged a defense of contributory negligence on the part of the plaintiff.

The goods in question were sold by the defendant to…