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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