Evans v. Kloeppel

Citations

• 72 Fla. 267
• 73 So. 180

Syllabus

<p>1. The action of replevin under the statute lies for an unlawful detention of chattels as well as in cases where the taking was tortious.</p> <p>2. Where a seller of chattels reserves title in himself until the payment of the price, he may maintain an action of replevin upon default in payment of the price.</p> <p>3. In an action of replevin where the defendant lawfully obtained possession of the chattel, but failed to comply with the con ditions of the agreement under which he came into possession of the property, and under the terms of the agreement such default confers on the plaintiff the right of possession, no demand by the plaintiff for possession is necessary before bringing the action. Nor is a demand necessary where the defendant asserts title to the property in dispute.</p> <p>4. Where in an action of replevin a plea interposed by defendant to the declaration sets up no defense to the action, and the plaintiff joins issue upon such plea and goes to trial, the court should not withdraw from the jury consideration of the issue presented by such plea.</p> <p>5. Where a cause has been tried upon an immaterial issue which does not determine the rights of the parties in the litigation, judgment should not be entered upon the finding on such a plea.</p> <p>6. Where pleas to a declaration present no point in bar, abatement or set-off, the plaintiff may treat them as nullities and have a judgment as for want of a plea.</p> <p>7. Where K. sold an automobile to E. taking in payment part cash and notes for the balance and retaining title to the automobile until the purchase price should be paid in full, the notes providing that in default of payment or in case of alienation of the property by the maker of the note, the payee should be authorized to take possession of the property, Held: that upon default by the payee to pay one of the notes at maturity K. could maintain an action of replevin for the automobile without previous demand and was entitled to possession