Herring v. Creech

The complaint, in substance, alleges: (1) plaintiffs’ ownership and possession of the trailer; (2) the delivery of possession by plaintiffs to defendants as bailees upon tbe specific terms alleged; (3) tbe failure of defendants to redeliver possession to plaintiffs upon demand; and (4) tbe value of tbe trailer. Plaintiffs sue for tbe value of tbe trailer, not to recover possession thereof. Defendants, by answer, admit they do not have tbe trailer, alleging that Johnson Trailer Sales bad repossessed the trailer as authorized by tbe conditional sales contract.

Plaintiffs, by their allegations,…