Anglo-California Trust Co. v. Pacific Acceptance Corp.

This is an appeal by defendant corporation from a judgment in the sum of $856.69. The action arose out of the sale of a certain automobile upon a conditional sales contract, and it involves the rights of the parties to the proceeds thereof.

The facts are substantially as follows: On the twenty-fifth day of August, 1919, the Haynes Motor Sales Company and Philip S. Cole Incorporated, automobile dealers in San Francisco, made and entered into a contract for the conditional sale of an “Oldsmobile” automobile with one A. A. Leppel, an automobile dealer of Oakland, for the purchase price of $1,050. The contract embodied the ordinary conditional sales agreement which reserved title in the seller until completion of the payments therein provided to be made. Authority was given to Leppel to sell the automobile, the second paragraph of the contract providing as follows: “Said purchaser hereby acknowledges receipt from said seller of said automobile in good condition, and agrees not to permit the same to be attached nor to create or permit to be created any lien, encumbrance or adverse claim of any character against the same for storage, repairs or otherwise, nor to permit the same to be…