Martin

The plaintiff (appellant in this court) The Starr Piano Company (Richmond, Indiana), Pacific Division, a corporation, brought this action to recover the installments alleged to be due from the defendant William Martin (respondent in this court) on a conditional sales contract executed by plaintiff and defendant for the purchase of one No. 2 Gennett synchronizer unit complete designed for use in connection with Simplex projection machines. The respondent denied that anything was due- on the contract for the reason that appellant had not performed the conditions of the contract and also filed a counterclaim for $1500 damages on account of the alleged breach. The trial court entered judgment in favor of the respondent as to the complaint and also gave judgment against the appellant on respondent’s counterclaim for the sum of !$500. The appellant prosecutes this appeal from the judgment and order denying his motion for a new trial under section 953a of the Code of Civil Procedure and brings up a typewritten record.

The appellant urges several reasons for a reversal of the judgment. The first contention is that the judgment against the plaintiff on the complaint is not supported by…