Middlecamp

The plaintiff began this action to recover possession of a certain “Harris” harvester and 55-horse-power motor, together with certain appurtenances described in the complaint, constituting a harvesting outfit, and in the event possession could not he had, then for the recovery of $2,000 as damages. The complaint alleges that on the twenty-first day of March, 1928, the plaintiff was in the actual possession and entitled to the possession of said property. To this .complaint the defendant made answer setting up conditional contracts showing that the property involved was sold by the defendant to the plaintiff upon a conditional note and contract containing the following provisions (it may be stated that the transcript shows a lease contract and a promissory note incorporated into a contract, but as both agreements are identical in substance, we will treat the two instruments as one): Exhibit “B,” being the contract containing the promissory note, we take the facts therefrom as follows: On May 1, 1925, the plaintiff executed and delivered to the defendant a promissory note, under the terms and conditions of which, the plaintiff promised, one day after date, to pay to the defendant…