American Fruit Growers, Inc. v. Walmstad

ADAIR, Commissioner.

This action was instituted by appellant to recover from respondent 4,000 potato sacks, or the value thereof in case possession could not be obtained. The complaint alleged that appellant was the owner of the sacks; that appellant had made demand on respondent for their return, which had been refused; the value of the property was stated; and it also contained the other usual and necessary averments. In his answer respondent admitted his possession and plaintiff’s demand and his refusal to comply therewith; and by failing to deny he admitted the alleged value, but…