Russell

This is an appeal from the judgment in an action by plaintiff, a guarantor, against the defendant, its. principal, for reimbursement, and is taken upon the judgment-roll after a trial upon the merits. The sole question to be decided is whether or not the court erred in overruling defendant’s general demurrer to the complaint.

The complaint alleges that the plaintiff and defendant entered into a conditional contract for the purchase by defendant from plaintiff of a certain Moon automobile, by the terms of which portions of the purchase price were to be paid monthly; that said contract also provided that if the purchaser failed to perform any of its terms or conditions, the seller might declare the entire purchase price to be due and payable; that subsequent to the making of said contract it was assigned by the plaintiff to the Merchants Security Company, the former guaranteeing the prompt payments by defendant of the sums due thereunder; that defendant paid to said assignee six of the monthly installments due under the contract, 'but has failed and refused to pay those later falling due; that thereafter upon demand the plaintiff paid to the Merchants Security Company the balance…