Lambert

This is an action for claim and delivery, the property involved being an automobile truck. Defendants were in the automobile repair business. The truck was taken to their garage by one Lopez, who requested that certain repairs be made upon it. Defendants made the repairs and held the truck as security for their charges. Plaintiffs, claiming to be the owners of the vehicle, made tender to defendants of the amount of the charges, and demanded a delivery of the property to them. This defendants refused unless plaintiffs should first procure from Lopez a consent to the delivery. Plaintiffs did not procure such consent, but commenced the present action instead. Defendants had judgment and plaintiffs appeal.

Appellants insist that several of the findings of the trial court were not sustained by the evidence, and these are the only points contended for by them. A solution of the questions thus presented may be made upon an examination of certain general features of the evidence and by the application of certain propositions of law to those features. The evidence is not without dispute as to some points, but in stating it we shall present those phases of it which are most favorable to…