McGraw-Edison Company v. Haverluk

EURKE, Judge.

Plaintiff brought this action to repossess certain merchandise as the assignee of a •conditional sales contract. The defendant answered and counterclaimed, alleging •breach of warranty. By claim and delivery proceedings the plaintiff secured possession of the merchandise and sold it. Thereafter the case went to trial upon defendant’s counterclaim, before the court without a jury, and judgment was awarded to the defendant. The plaintiff then moved for a new trial which was denied. This appeal is from the order denying a new trial.

There were five grounds set forth in the motion for…