Labes

This is an action for claim and delivery in which plaintiff seeks to recover from defendant the possession of one Schultz player piano, alleged to be of the value of $400, and for damages in the sum of $100 for the alleged unlawful detention thereof. Defendant in her answer denies that plaintiff is the owner of the personal property in controversy or is entitled to the possession thereof. She also denies that she wrongfully withholds the property, alleging that she is the owner of the same, having paid the full purchase price thereof. After hearing the evidence the court gave judgment for the defendant and plaintiff appeals.

Appellant’s first contention is that the evidence is insufficient to establish that respondent paid the full purchase price for the piano or that she is entitled to the possession of the same.

On or about October 2, 1923, appellant sold respondent the piano involved herein on an ordinary form of conditional sales contract for $600. The agreement executed by the parties was a twofold affair, the note being in the principal sum of $500 and the contract being, as stated, for the principal sum of $600. Appellant contends that respondent did not pay the full sum…