Heffner

An action in claim and delivery was commenced by plaintiff against the defendant, as sheriff of Orange County, for the recovery of an automobile. Judgment went for the defendant and the plaintiff prosecutes this appeal from that judgment.

The following facts were stipulated to at the opening of the trial: L. J. Heffner purchased a Chevrolet automobile from the Taggart Motor Company on January 8, 1921, on a conditional sales contract, the monthly payments of which were $94.81. The contract was assigned to the Merchants Finance Company by the Taggart Motor Company. On December 6, 1921, the contract was assigned by the Merchants Finance Company to the plaintiff and appellant, who paid the finance company therefor an amount equal to the two payments which were to become due on December 8, 1921, and January 8, 1922, respectively. The plaintiff then offered in evidence the contract, which contained the following clause. “ ... in the event that the party of the second part shall become financially involved, or insolvent, all payments herein provided for shall be due and payable at once, or the party of the first part may immediately take possession of said property whenever and wherever…