Ludwig

This is an appeal from a directed verdict in favor of the defendants, in a suit upon a promissory note given in payment for the purchase price of an automobile. The motor vehicle certificate was not transferred and it was held that the consideration for the note failed.

In March, 1927, W. B. Scott sold and delivered to defendants a used Hudson automobile for the sum of $600, in payment for which the defendants executed and delivered to the vendor their note for $572 and an old Buick automobile. The note was, dated April 2, 1927, and became due ninety days after its date. The note was assigned to plaintiff. The owner’s motor vehicle license was not signed by him or transferred to the defendants. Mr. Scott, however, testified that he had the “pink slip” at his home and forgot to transfer it, but that the defendants said they would stop and get it, but never did so. He said: “It has been an oversight ... I guess, never thought about the pink certificate I had up there at the house until they brought the case in.” After a colloquy between the court and counsel in which it was conceded that the certificate of ownership had never been signed, transferred or delivered to the purchasers,…