Maddux

The respondent began the above-entitled suit in Perris township, Riverside County, to recover $160.50 which, by amendments to the complaint was later increased to $237.50, together with $100 attorney’s fees, interest and costs, for breach of a contract. Judgment was rendered in favor of the plaintiff, and an appeal was taken to the Superior Court of Riverside County, wherein judgment was again rendered in favor of the plaintiff, after a trial de novo. From the latter judgment the defendant Mora appealed to this court.

The facts necessary to a consideration of the points presented are as follows: Maddux agreed to sell an automobile to the defendants under the terms of a conditional sale contract. Payments were made until October, 1921, when there was a balance on the purchase price of $162.50 then due. In September, 1922, the car being out of repair, the vendor took possession of it and put it in good condition again, at an expense of $75. The purchaser failed to pay either the balance of the original purchase price, or the expense of repairs, and on January 12, 1924, this suit was commenced.

It appears that one Haas was the agent who arranged the sale of the machine, and it is…