Tobin

The case alleged by the complaint in this action is in substance that plaintiff, a corporation, agreed to sell certain carpets and other furniture to defendants, they promising to pay for the same the sum of seventeen hundred and twenty-seven dollars in specified monthly installments; defendants received possession of the goods, but agreed that plaintiff should remain the owner thereof until full payment of the price, with the right to retake possession upon default of any of the agreed payments; defendants paid installments amounting to five hundred and thirty-five dollars, and afterward refused to pay *378 anything further and refused to redeliver the goods; the sums paid by defendants on the contract were no more than the reasonable value of the use of the goods by them, and the depreciation thereof from wear exceeded in amount the payments aforesaid. Plaintiff prayed that the contract and the payments made thereon be declared forfeited, and for recovery of possession of the goods. Besides sundry denials the defendants pleaded, both by answer and cross-complaint, that they were ready and willing to surrender the goods, but claimed a recovery of the money they had paid on their…