Asbill Motor Co. v. Chaplin

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action of claim and delivery for the possession of an automobile upon which the plaintiff claims to hold a chattel mortgage to secure a past-due note.

The defendant purchased an automobile from the plaintiff for $1,425, for which he paid $325 cash, delivered a used car valued at $500, and gave notes aggregating $600 for the balance. He set up as a defense to the action that at the time of the trade the plaintiff agreed that, if the particular make of car declined in price, the defendant would be allowed a credit of the amount of such…