Whiting

The essential facts of the controversy herein may be briefly stated as follows: By a written conditional sales contract Joe Bozzani and A. Bozzani, doing business as copartners under the firm name of Bozzani Motor Car Company, agreed to sell to Guiseppi Squeglia, and said Squeglia agreed to buy from said Bozzani Motor -Car Company, a Fiat automobile for the sum of $6,250. In partial payment therefor Squeglia gave to Bozzani Motor Car Company a Cole automobile at the agreed value of $3,500. The balance of the purchase price of the Fiat automobile was to be paid in monthly installments. The Fiat was delivered into the possession of Squeglia, but it was agreed that the title to the automobile was to remain in the seller until the purchase price had been paid. Bozzani Motor Car Company assigned and transferred its rights under the contract to plaintiffs Dwight Whiting and George N. Whiting, doing business under the firm name of Whiting Brothers. The first monthly installment on the balance due on the automobile not having been paid, an action in claim and delivery was brought by plaintiffs against defendant Squeglia to recover possession of the automobile. Defendant answered the…