Wood

This is an action in replevin and arises out of a conditional sale^of a piano to the defendant by the plaintiff.

The contract for the sale was reduced to writing and was entered into by the parties at the city of Sacramento on the fifth day of June, 1913, and the agreement was so dated. The agreement is in substance as follows: That the defendant was to pay the plaintiff the sum of one thousand dollars, at the latter’s office, in the city of San Francisco, for said piano as follows: A “Star Piano Oak,” etc., valued at three hundred dollars; two hundred dollars on the fifth day of June, 1913, and $20 or more every month thereafter, beginning on July 1, 1913, with interest at the rate of eight per cent per annum on balance remaining unpaid, interest payable at expiration of the contract. The -agreement expressly stipulates that the title to the said piano shall remain in the plaintiff “and under its direction until paid for in full”; that should there be any default by the defendant in the payment of any one of the monthly installments as -above specified, “then the whole amount of this contract becomes at the option of the Wiley B. Allen Company immediately due and payable, it…