Carvell

This is an action for damages for the conversion of a Ford automobile.

On October 25, 1915, under a conditional contract the plaintiff, W. S. Carvell, purchased from the assignors of defendant L. F. Weaver, an automobile for which Carvell agreed to pay the sum of $508.50. Of this sum $200 was paid at the date of the contract, and the balance, with interest upon its diminishing residuum, was to be paid at the rate of $35 per month. None of these monthly payments were made upon their due date, but when tendered were accepted by the vendor of the automobile. On the twenty-second day of April following, there being overdue $20 upon an installment of said purchase price falling due in March, Weaver commenced an action in claim and delivery in the .justice’s court, and under a writ of possession the automobile was delivered to Weaver. Carvell in his answer to the complaint in said action did not pray for its return, but denied the allegations of the complaint and in addition alleged that Weaver had repudiated the contract. He accordingly demanded judgment for the sum of the payments made by him, and damages for the detention of the motor-car.

The justice of the peace, proceeding…