Multiplex Concrete MacHinery Co. v. Saxer

This is a replevin action brought to repossess a concrete-block-making machine under the terms of a chattel mortgage because of default of instalment payments. Defendant answered claiming set-off and recoupment cognizable in a suitable action in a law court and moved to transfer the action to the equity side of the court to permit him to make equitable defenses and to enable him to apply his damages if the equity court should award them to him on the defaulted instalments and thus bring his contract out of default and defeat the replevin action. The trial court denied defendant's motion to…