Allen v. Duval Motor Co.

Bell, J..Duval Motor Company recovered a judgment against T. C. Allen for a certain amount as balance of the purchase-price of an automobile. An execution based on this judgment was levied upon the defendant’s property. The defendant paid the execution in full, with the exception of $100, and interposed an affidavit of illegality for the purpose of arresting the fi. fa. as to this balance. The affidavit alleged: In the sale of the automobile the plaintiff agreed “to service said car for a period of four months, and that, inasmuch as the deponent was not accessible to the service station of…