Associates Investment Co. v. Soltes et al., 250 S.W.2d 593

Summary

The debtor and the sureties executed the replevy bond on behalf of the creditor after the creditor seized the debtor's automobile. The automobile was returned to the debtor's possession for approximately five months. After the creditor recovered its judgment against the debtor, the creditor claimed that the automobile depreciated in value while it was in the debtor's possession, that it was entitled to recover the depreciation under the bond, and that the trial court erred in entering judgment for the sureties. The court affirmed the trial court's judgment. The court found that the debtor returned the automobile to the creditor within 10 days of the judgment. The court held that although Tex. R. Civ. P. 702 provided that the automobile should be returned in the same condition as when it was replevied, Rule 702 excluded any ordinary depreciation in market value or damages as a result of ordinary use. The court also held that the creditor failed to prove that the diminution in value of ...