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BROAD STREET AUTO SALES, INC. v. BAXTER

Record No. 821774.

334 S.E.2d 293 (1985)

BROAD STREET AUTO SALES, INC. v. Marie B. BAXTER.

Supreme Court of Virginia.

September 6, 1985.

Attorney(s) appearing for the Case

Denis C. Englisby, Chesterfield (Englisby & Barnes, Chesterfield, on brief), for appellant.

Henry W. McLaughlin, III, Richmond (Central Virginia Legal Aid Society, Inc., Richmond, on brief), for appellee.

Present: All the Justices.

PER CURIAM.

Marie B. Baxter, appellee, instituted an action in detinue against Broad Street Auto Sales, Inc. (Auto Sales), appellant, to recover possession of an automobile or its alternate value. In this appeal, we decide whether, under the facts presented, detinue will lie.

The facts are undisputed. Auto Sales sold the automobile to Baxter for $1,576.90. Baxter made a $481.90 cash down payment, which left an unpaid balance of $1,095. The sales contract provided...

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