Rochon

Rochon v. Pacific Coast Mortgage Co.

Good Law
111 Cal. App. 298·1931 Cal. App. LEXIS 1214·295 P. 364
Court of Appeal of CaliforniaJanuary 23, 1931Docket No. 6322.California1,264 words

Opinion

Lead Opinion

Hollzer, J.

Plaintiff recovered judgment against defendant in the sum of $545.50, as damages for the conversion of an automobile.

The trial court found that on November 25, 1927, the defendant loaned plaintiff the sum of $304.50, taking title to the latter’s automobile as security, giving hack to him a sales contract, whereby the defendant sold said automobile to him for the sum of $417.36, payable in twelve equal monthly installments beginning December 29, 1927, and that on December 17, 1927, the defendant repossessed said automobile and refused to return the same to the plaintiff unless he paid to it the full amount owing upon said contract.

The defendant does not dispute the correctness of any of the foregoing findings.

In addition, the lower court found that no condition existed which gave the,defendant the right to repossess said automobile and also that plaintiff had performed all of the covenants on his part to be performed, and had not breached any of the terms or conditions of said agreement nor committed any act justifying such repossession, and that he had been damaged by defendant’s act in the sum of $545.50. As a conclusion of law, the court held that the defendant’s act was…

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