Western United Dairy Co. v. Continental Mortgage Co.

Plaintiff claimed title to two refrigerators purchased by it at a chattel mortgage sale. Defendant, by virtue of having a conditional sales contract, refused possession. The trial court entered summary judgment against defendant on the pleadings and, upon a subsequent hearing on the question of damages, awarded judgment for plaintiff in the amount of $3,000.00. Defendant appeals.

On February 4, 1957, Hussman Refrigeration, Inc. sold to A. Schuessler, doing business as 1st Avenue Super Mart, two Hussman refrigerators under a conditional sales contract. On the same date Schuessler executed a…