Morrison

This is an appeal from a judgment rendered and entered in favor of the plaintiff upon motion for judgment on the pleadings. The action was upon claim and delivery for the recovery of the possession of a certain musical instrument. The complaint was verified, and alleged that the defendant was in possession of such instrument under a contract of conditional sale; that the contract required installments to he-paid thereon at certain specified times, and reserved title in the plaintiff until the purchase price thereof had thus been fully paid. The agreement is attached to the complaint. It is not specifically averred that the defendant is in default in making these payments, but the complaint does allege that the plaintiff is the owner and is entitled to the immediate possession of the property, and that the defend ant without any excuse or justification withholds from the plaintiff the possession of the same after demand duly made.

To this verified complaint the defendant first filed a general unverified denial, and thereafter filed a specific and also unverified answer, denying the material averments of the complaint. The plaintiff thereupon moved for judgment on the pleadings…