Weber

This is an appeal from a judgment for plaintiff in an action .in replevin.

July 10, 1924, the plaintiff and Frederick H. Weher entered into an executory contract by the terms of which certain equipment was purchased for a restaurant in Los Angeles for the sum of $2,136.82, which was partially paid on delivery of the personal property. The balance of the purchase price was to be paid, together with interest thereon, in specified installments. It was provided that the title to the property should remain in the vendor until the purchase price was fully paid, and that upon default in the payment of any installment when due the entire unpaid balance should thereupon automatically become due without notice, and the vendor was then authorized to repossess the property without process of law, in which event the money which had been paid upon the purchase price was deemed to have been applied in compensation for the use and depreciation of the property. It was further stipulated that “Time is expressly made the essence of this contract, but the acceptance by the vendor of any payment past due shall not be considered a waiver of this clause. ’ ’ The principal purchase price had been…