Johnson v. Flowers

McDonough, justice.

The question for decision is whether, under the circumstances revealed by the evidence, trover may be maintained for the alleged conversion of certain household furniture sold in conjunction with the sale of realty under a contract of sale.

Plaintiffs sued for conversion of the personal property and from an adverse judgment prosecute this appeal.

On October 16,1947, appellants as sellers and respondents as buyers executed an “earnest money receipt” as a preliminary agreement for the sale of real estate together with certain items of personal property. Therein it is stipulated…