Webb

This is an action for damages for conversion of an automobile. Judgment was ren dered for plaintiff against the defendants M. J. Brandenstein & Co., a copartnership, and M. J. Brandenstein, Edward Brandenstein, and Hanford Brandenstein only for the sum of $600. These defendants appeal from the judgment.

On or about August 5, 1921, the defendants M. J. Brandenstein & Co. (herein called the company) and the plaintiff (who was then in their employ as a coffee saleswoman) entered into the following agreement:

The whole question on this appeal is: Was the plaintiff in default under the terms of this agreement at the time defendants took the automobile 1 The plaintiff 'was discharged from the employment of the company in December, 1921, at which time she was handed a statement of her account with the company, which was introduced in evidence, as follows:

She retained possession of the car thereafter and used it in her own affairs until February, 1922, when, after an accident, she left it in the repair department of the Dun-ham Agency, where the defendant company found and took possession of it, claiming the right to do so under the terms of the contract.

Appellants contend that at…