J. I. Case Threshing MacHine Co. v. Copren Bros.

The action was by plaintiff to recover an alleged balance due upon three certain promissory notes, executed by defendants to plaintiff as part payment of the purchase price of a certain thirty horse-power traction engine sold by plaintiff to defendants, and to have foreclosed a certain chattel mortgage on said engine given to secure the payment of said promissory notes. Prom a judgment in favor of plaintiff, defendants prosecute this appeal.

This ease has been before us twice before. The first appeal was from a judgment in favor of plaintiff, which judgment, on November 25, 1916, was reversed. (J. I. Case Threshing Mach. Co. v. Copren Bros., 32 Cal. App. 194 , [ 162 Pac. 647 ].) In the opinion therein will be found a full statement of the facts of the ease. The second appeal was from an order changing the place of trial from Sierra County to Plumas County, and we reversed the order. (J. I. Case Threshing Mach. Co. v. Copren Bros., 35 Cal. App. 70 , [ 169 Pac. 443 ].)

The original complaint in the action was filed September 11, 1914, and the prayer of said complaint was for judgment in the sum of $900.99, the amount of the principal and interest due on said notes on June 22,…