Ranger
State Credit Corp. v. Ranger
Opinion
lead Opinion
Burnell, J.
Plaintiff corporation, the appellant here, brought this action in claim and delivery to recover an automobile. The complaint alleges that plaintiff and defendants, other than defendant-respondent Frost, had, on January 27, 1926, entered into a written agreement for the purchase by said defendants from plaintiff of a Jordan sedan for the agreed price of $1723.70, payable in cash on January 27, 1926, and that possession of the car was thereafter delivered to said defendants, who were doing business under the firm name “Ventura Jordan Company.” The contract, attached to the complaint as an exhibit and by reference made a part thereof, appears to be in the usual form of conditional sales contracts for the purchase of automobiles on the basis of installment payments, although it is to be observed that the blanks in the clause providing for amount and due date of installments are not filled in, but, on the contrary, the whole purchase price is made payable upon the very day of the execution of the contract. There are the usual provisions for interest “on deferred payments,” payment of taxes by the purchaser, keeping up insurance, repairs, etc., and an agreement on the part of the…