Commodari v. Hart-Commodari Const. Co.

Opinion op the Court by

Drury, Commissioner—

Reversing.

Bruno Commodari has prayed an appeal from a judgment dismissing a claim for $363.18, which he had asserted against the appellee.

The Facts.

On October 26, 1933, an execution was issued against the property of the appellee. On December 4, 1933, the sheriff, under this fi. fa., sold a Lorain No. 75 gas shovel which he had levied on as the property of the appellee. At this sale this shovel was purchased by Bruno Commodari, a stranger to the execution, and he executed bond due in three months and payable thus:

To the plaintiff in the execution…