Wehrle

This action grew out of the sale of an automobile to plaintiff’s assignor, Lynden Bowring, followed by failure to transfer title to the purchaser. The defendant appeals from the judgment.

The grounds of appeal as stated by appellant are: First, that the evidence is insufficient to prove that one Claubes, through whom the sale was made, was the agent of appellant, and, second, that there was not actually any deficiency of title “attributable to appellant.” Legal ownership of the automobile was in the name of Ella E. Merritt. Her husband, assuming to act on her behalf, traded the ear to defendant as part payment on a new car purchased from the defendant. This occurred on September 25, 1922. Under the provisions of the Vehicle Act of 1915, as amended and in force at that time, there was required to be only one certificate of registration and ownership. In order to complete a sale it was necessary that the certificate be properly indorsed by the transferee, and be filed with the motor vehicle department and a new certificate of registration issued in the name of the purchaser. (Parke v. Franciscus, 194 Cal. 284, 294 [ 228 Pac. 435 ].) The Merritt ear was delivered to defendant…