Speck Cadillac-Olds, Inc. v. Goodman

Opinion by

Mr. Justice Chidsey,

This is an action in replevin without bond to recover five Cadillac automobiles or their value.

In August and September of 1949 the plaintiff corporation, Speck Cadillac-Olds, Inc., delivered thirteen new automobiles to one Rosen, a plumbing and heat ing contractor. Ten of these automobiles, including the five Cadillacs here in dispute, were resold by Rosen to the defendant partnership 1 which was engaged in the used car business.

On September 21, 1949 plaintiff agreed to deliver the five Cadillacs to Rosen, three of which were then available. Rosen had previously…