Hegler

This is an action in the nature of an action of replevin, for the recovery of the possession of certain household furniture. The complaint is in the usual form, alleging the ownership and riuht or possession of the plaintiff, a demand that the defendant deliver the possession of the property, the refusal of the defendant so to do, and her unlawful withholding of the possession thereof, to the plaintiff’s damage, etc. The answer denies each of those allegations, except the withholding of the property, but does not set up any new matter.

*598 The contract under which the parties claim, through their respective assignors, is in substance as follows: Jordan Peter and Mary Peter, in consideration of four hundred dollars paid to them by Alice Cumminsky, agree to sell to her the furniture, upon her payment of the further sum of one thousand two hundred and eighty-four dollars, with interest at one and one-half per cent, per month, in installments specified in the contract, and she is to have the right to the use and possession of the furniture so long as she shall pay such installments ; “ but should she fail to meet any one of said payments at the time when they respectively fall due,…