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· 6/12/1901

Howard v. Braun

Citations

  • 14 S.D. 579
  • 86 N.W. 635
  • 1901 S.D. LEXIS 64

Syllabus

<p>Defendants were in possession of merchandise as agents of the former owner when plaintiff acquired title thereto. Plaintiff mad-í a demand therefor, which was ineffectual because it also included goods belonging to defendants. Plaintiff then brought replevin, and defendants answered, alleging the right of possession by purchase of the goods. Held, that, as defendants claimed the right of possession, no demand or proof thereof was necessary..</p>

Judges: Haney

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