Hafer v. Spaeth

Plaintiff brought suit to recover possession of a piano which plaintiff’s assignor formerly had owned and had sold under a conditional sales contract. Defendant’s answer consisted of a general denial and an affirmative defense alleging usury, which, in turn, was denied by the plaintiff in his reply. The action was tried to the court without a jury, resulting in a decision unfavorable to the plaintiff. After denying plaintiff’s motion for a new trial, the court made findings of fact, from which it concluded that the action should be dismissed. Judgment was entered accordingly, and plaintiff…