Prather

This action, with four companion cases, arose as a result of a rather unique series of frauds practiced by an automobile agent. During the first half of 1927 and for some years prior thereto, Frank H. Davis, operating as Frank H. Davis, Inc., was the agent at Fresno for Packard automobiles. In April, 1925, the respondent Hutchison had purchased from Davis for cash a new Packard automobile, which had not been entirely satisfactory. In May, 1927, Davis represented to the respondent that it was the desire of himself and of Earle C. Anthony, Inc., general distributors for the Packard, to replace respondent’s automobile with a new car that would be more satisfactory. On May 20, 1927, Davis obtained respondent’s signature to a “cash order”, by the terms of which she agreed to purchase a new Packard car for $2,928, payable $2,500 at the time of signing the order and the balance on delivery of the ear. At the bottom of this order Davis signed a receipt for $2,500 as deposit on the purchase price of the order, “representing trade allowance on 1925 Packard”. At the same time, the respondent signed her name on the certificate of ownership, commonly called the “pink slip”, and handed it to…