Harris v. Barry Finance Co.

'Felton, J.'

The only issue in the case made by the pleadings and- the evidence was whether the truck sought to be recovered was tendered to the marshal after the institution ■ of the bailtrover proceeding. The defendant contended that he made a valid tender of the truck to the marshal, after he had been told by telephone to bring the truck in, by leaving it at a particular place directly in front of the courthouse, and that he notified the marshal by telephone that the truck had been so delivered, and that he also notified the plaintiff and the plaintiff’s attorney. The plaintiff denied this.…