Orr v. Mallon

This is an action in re-plevin for the possession of a “pick-up” truck. It arose out of a dispute between Thomas B. Mallon, the owner of the truck, and T. H. Orr, a machine shop operator who, at the instance of the owner, “overhauled the same.” Mallon claimed he had a specific agreement that the cost of repairing the truck would not exceed $160. Orr denied that such an agreement existed and presented an itemized account showing the charge to be $198.57.

Mallon then tendered $160 in settlement of the claim and requested possession of the truck. The defendant refused the tender and declined to…