Rathbun

The plaintiff had judgment in this action for the recovery of a certain hay-baler, with an alternative judgment for the value thereof, in the sum of $641.66, in the event that recovery of the hay-baler could not be had, and also damages in the sum of $581 for the detention thereof. From this judgment the defendant I. G. Zumwalt alone appeals.

The record shows that on or about the tenth day of April, 1930, a conditional contract of sale of the hay-baler involved in this action was entered into between the defendant Zumwalt, as seller, and the defendant Hill, as purchaser, whereby the defendant Hill agreed to purchase from the defendant Zumwalt a certain hay-baler known as a “John Deere” power-press, together with a “Novo” motor, for the sum of $1270, to be paid for at the rate of $1 per ton for each ton of hay baled by said press, the money earned for baling hay to be promptly paid by the purchaser to the seller as soon as earned and collected. All of the purchase price to be paid by November 1, 1931.

In pursuance of this conditional contract, the defendant Hill took possession of the hay-baler, operated the same during the year 1931, and made payment on the purchase price…