Divco-Wayne Sales Financial Corp. v. Martin Vehicle Sales, Inc.

MR. PRESIDING JUSTICE BURKE

delivered the opinion of the court:

Divco-Wayne Sales Financial Corporation brought a replevin action against Martin Vehicle Sales, Inc., for possession of seven hearses. Martin filed a counterclaim against plaintiff, Sales Financial, for commissions allegedly due under a contract with Divco-Wayne Corporation. The plaintiff, Sales Financial, filed a counterclaim against Martin for a judgment for principal, interest and attorney’s fees on four notes executed by Martin the nonpayment of which had formed the legal basis for the replevin action. Two trials were had…