R. J. Evans v. R. Kloeppel

ELLIS, J. -- This is an action of replevin. The defendant in error, who was the plaintiff below, was engaged in business as a dealer in automobiles in March, 1914, under the name of the ""Kloeppel Motor Company."" The plaintiff in error, R. J. Evans, Jr., who was the defendant below, purchased from Kloeppel an automobile known as ""Reo the Fifth Touring Car."" The price agreed to be paid was twelve hundred and twenty-five dollars. The terms of the agreement were as follows: Kloeppel was to take in trade an old car owned by Evans at an agreed valuation of four hundred and fifty dollars, and Evans was to pay in cash one hundred and twenty-five dollars, and deliver his six notes for the remainder, each note to be for the sum of one hundred dollars except the second, which was to be in the sum of one hundred and fifty dollars, and each note to contain a provision to the effect that the title to the machine should remain in the payee until the purchase price should be paid in full, and in default of payment or in case of alienation of the property by the maker of the note, the payee should be authorized to take possession of the property. This agreement was concluded by the delivery of the automobile by Kloeppel to Evans and the delivery by Evans to Kloeppel of the old car at a valuation of four hundred and fifty dollars and the payment of one hundred and twenty-five