Blenkiron

In this action it appears that defendants sold an automobile on a conditional sales contract and that the vendee sold his interest in the automobile to the plaintiff with the understanding that the original vendee would pay to defendants the balance remaining due on the automobile, or in the event that such vendee should fail in that regard the plaintiff would make such payment. On the day on which the next succeeding payment on the automobile became due under the terms of the contract, the plaintiff offered to pay defendants the total unpaid contract price on the automobile, but defendants refused to accept the same or any part thereof. The contract called for no interest on deferred payments until after such payments had matured. Defendants obtained possession of the automobile from plaintiff without plaintiff’s consent and refused to return it to plaintiff after plaintiff’s demand upon defendants so to do. Thereupon ‘plaintiff brought this action in claim and delivery against defendants and paid into court for defendants’ benefit an 'amount greater than the total unpaid balance due on said automobile. Judgment was ordered in favor of defendants and plaintiff appeals…