Harvey v. Hall

Rehearing Denied July 14, 1970. 1 In the course of a motor vehicle sales transaction plaintiff below, W.E. Hall, was placed in possession of a
new pickup by defendant Harvey, d/b/a Harvey Chevrolet and Buick Company. In default of payment defendant peaceably regained
possession of the vehicle. Plaintiff sued in replevin, and defendant thereupon executed redelivery bond and retained possession
of the vehicle, which subsequently was sold at a loss. The cause was tried to the court and judgment awarded plaintiff for
possession of the pickup (or an equivalent new pickup) or alternatively money judgment upon redelivery bond.