Pierce

The plaintiff, claiming the right to do so, under the provisions of a contract of purchase and sale, took possession of a certain automobile, and brought this action against the defendants, seeking to be subrogated to the right of the defendant Pierce to perform a contract, entered into between the Greer-Bobbins Co. and Pierce, to purchase the car. Judgment was for the defendants, and confirmed the right of possession of the automobile to the Greer-Robbins Company. Plaintiff appealed.

The plaintiff is a corporation engaged in the business of financing automobile and other contracts for commodities sold on the installment plan. The defendant Greer-Robbins Company, engaged in the business of selling automobiles, had sold the automobile in question to Frank H. Wells, one of its salesmen. Wells, as o.wner, then entered into a contract with the plaintiff, under the terms of which he sold the ear to it upon the installment plan for the sum of $1100.00. As a matter of fact, the real purchaser from Wells was the defendant Harley Pierce, the plaintiff merely financing the purchase for him. Wells then assigned the contract to the defendant Greer-Robbins Company. Defendant Pierce, in order…