Childers v. Judson Mills Store Company

The opinion of the Court was delivered by

Mr. Justice Baker.

The cause of action upon which this case was tried was for an alleged trespass quare clausum fregit in the repossession of an electric refrigerator from the home of respondent by the two appellants, acting jointly and concurrently. The original complaint contained two causes of action, one of which was based upon an alleged breach of warranty, but upon motion of appellants, the respondent elected to proceed on the tort, and struck from his complaint all allegations of warranties or breaches thereof.

Paragraph 1 of the complaint alleged…