BROOK V. JAMES A. CULLIMORE & CO. 436 P.2d 32 (Okla. 1967) CASE BRIEF

BROOK V. JAMES A. CULLIMORE & CO.

436 P.2d 32 (Okla. 1967)

NATURE OF THE CASE: Brook (D) appealed from the judgment of the District Court of Oklahoma County that ordered D to deliver the property sought in Cullimore's (P) suit for replevin, and to withdraw the deposits D made to the clerk's office for a money judgment.

FACTS: P sued D in replevin claiming a special interest in multiple items of personal property by virtue of a chattel mortgage securing a note in the sum of $8,147.26 and sought possession of the personalty. The aggregate value of this property was $2,500.00. P sought judgment 'for the immediate possession of said property, or in lieu thereof the value of the same in the sum of . . . $2,500.00 in the event delivery cannot be had in substantially the same condition as at the time of the filing of this action, and for the costs of this suit, including an attorney's fee of . . . $1,160.44 . . . .' D gave a redelivery bond. D remitted all the accrued court costs and, by separate checks paid into the clerk's office, he deposited $2,500.00 -- the alleged value of the property -- as well as $1,160.44 -- the amount of the attorney's fee. P refused to accept this offer of confession for a money judgment. The issues to be tried were confined to determining whether the property can be delivered by D 'in substantially the same condition' as at the time the action was commenced and to ascertain the amount of counsel fee. The trial court adjudged, inter alia, that D deliver to P the property whose recovery was sought. D appealed: the cause should be remanded with directions 'to take evidence of the value of the property sought by replevin, and [to] enter a money judgment' for its value.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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