Bunnell

On June 1, 1927, the Mack International Truck Corporation, as seller, entered into a conditional sales contract with respondent, as purchaser, whereby the seller agreed to sell to the buyer four Mack trucks for the sum of $14,081.60, upon which a cash payment of $10,500 was *314 acknowledged. The balance of $3,581.60 was made payable in seven installments, the first six of which were in the sum of $500 each and the seventh in the sum of $581.60. The first installment became due on July 14, 1927, and the balance on the fourteenth day of each month thereafter. Deferred payments were made to bear interest at the rate of eight per cent per annum. The sales contract contained the provisions usually found in such agreements. It reserved title in the seller and gave it the right to retake possession of the' trucks in case of a default in the payments by the buyer. The contract was a renewal of former conditional sales contracts for the same trucks which, when new, sold for over $22,000. The buyer defaulted in some of his payments on this renewed contract, but his defaults were all waived by the seller, except, perhaps, that made by his failure to pay the one falling due on December 14,…

In his petition for rehearing the respondent offers, for the first time, to have the judgment for the value of the trucks reduced in the sum of $3,200.42, and upon such reduction being made, requests that the judgment be affirmed. In our opinion we did not find it necessary to consider or comment upon the amount awarded by the jury as damages sustained by the defendant by being deprived of the possession of the personal property for 300 days. The jury fixed the value of the property at $10,000, and the damages for its detention at $15,000. If this amount is not excessive it is dangerously near being so. We do not think it necessary to decide this question, but we believe the case should be tried anew. There are other very questionable parts of the record that it is not necessary to pass upon here.

The petition for rehearing is denied.

*319 A petition by respondent to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on April 29, 1930.

On June 1, 1927, the Mack International Truck Corporation, as seller, entered into a conditional sales contract with respondent, as purchaser, whereby the seller agreed to sell to the buyer four Mack trucks for the sum of $14,081.60, upon which a cash payment of $10,500 was *Page 314 acknowledged. The balance of $3,581.60 was made payable in seven installments, the first six of which were in the sum of $500 each and the seventh in the sum of $581.60. The first installment became due on July 14, 1927, and the balance on the fourteenth day of each month thereafter. Deferred payments were made to bear interest at the rate of eight per cent per annum. The sales contract contained the provisions usually found in such agreements. It reserved title in the seller and gave it the right to retake possession of the trucks in case of a default in the payments by the buyer. The contract was a renewal of former conditional sales contracts for the same trucks which, when new, sold for over $22,000. The buyer defaulted in some of his payments on this renewed contract, but his defaults were all waived by the seller, except, perhaps, that made by his failure to pay the one falling due on December…