Porter Hardware Co. v. Peacock

Citations

• 129 Miss. 129
• 91 So. 856

Syllabus

<p>1. Replevin. Not guilty is the only plea permitted.</p> <p>“Not guilty” is the only plea permitted in an action for replevin.</p> <p>2. Replevin. Only money judgments that can he rendered are for value of property or interest therein and damages for wrongful tahing and suing out of writ.</p> <p>The only judgments for the recovery of money that can he rendered in an action of replevin are for the value of the property involved or the interest therein of the party recovering for damages for the wrongful taking or detention of the property and for damages for the wrongful -suing out of the writ.</p> <p>3. Sale. Rescinding buyer has lien for price; in seller’s replevin action, buyer is not entitled to judgment for recovery of money paid.</p> <p>Where a buyer has and seasonably exercises the right to rescind a sale, he may retain the property purchased until any money he may have paid the seller thereof has been refunded, but in an action of replevin by the seller to recover possession of the property sold the buyer is not entitled to a judgment against the seller for the recovery of the money so paid him.</p> <p>4. Evidence. Conditional sales note cannot be varied by parol evidence of warranty.</p> <p>A writing, executed by a purchaser to a seller, containing a promise to pay the seller a certain sum on or before a certain date, and reciting that: “This note executed for the following described property: fourteen horse power Waterloo engine . . . which I have this day received from the Porter Hardware Company with the express agreement and understanding that the title to the said property is now and shall remain in the said Porter Hardware Company until all said notes are paid in full'' etc. — is not only a promissory note, but a contract which cannot be varied by parol evidence showing that the seller warranted that the engine would generate power sufficient to run a particular factory,</p>