Hamilton

The action is in claim and delivery arising out of the contract of purchase and sale set forth in the complaint as follows:

It is alleged that defendant, W. A. Klinke, grew on the premises mentioned in said contract in 1917 certain four hundred sacks of Black Bye beans, weighing thirty-one thousand pounds, being the same beans mentioned in said contract; that on October 31, 1917, said beans were of the value of $.08 per pound; that said Klinke did not deliver said beans on said date, or at all, although plaintiff demanded delivery and “said defendants do still fail and refuse to deliver such beans or any part thereof”; that defendant Hatton claims an interest in said beans by virtue of a certain chattel mortgage; that by the terms of said contract plaintiff is entitled to the possession and was so entitled at the commencement of the action, but that defendants “both of whom have possession of said beans refused and still refuse to deliver possession of said beans to plaintiff”; that on November 3, 1917, plaintiff demanded of defendants, and each of them, possession of said property, but defendants, and each of them, refused to deliver the same to plaintiff and still refuse to…