Brewster Loud Lumber Co. v. General Builders' Supply Co.

On August 29, 1921, the plaintiff sold and delivered to the defendant a quantity of lath, the purchase price of which was $1,679.13. Defendant failed to pay. Plaintiff began a suit in replevin to recover the lath. Under the writ the sheriff took possession and turned over to the plaintiff a part of the lath inventoried at $828.72. The plaintiff then began two suits in justice’s court to recover the value of the lath not obtained by the writ of replevin. In the first justice’s court suit plaintiff recovered a judgment of $373.42. To the second justice’s court suit the defendant pleaded res…