This section contains the nature of the case and procedural background.

Hartzell (D) placed an ad to sell his 1962 Chevrolet Corvette, and Scholl (P) responded to that ad and agreed to pay D $4000 for the car and spare parts. P also gave D a $100 deposit and got a receipt indicating that he still owed $3900. P then advised D two days later that he had a money order payable to D and that he wanted to pick up the car. D informed P that he would not honor the sale and returned the $100. P then filed a replevin action for the possession of the car or in the alternative $4655 the value between the sales price and the value of the property to be replevied. The complaint was demurred, and P appealed.

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