Allen

Action to recover the purchase price of personal property. The subject of the sale consisted of the equipment and good will of a certain garage. The property was sold under a conditional sales contract. The purchase price was $5,500. Pursuant to the terms of the contract, defendant paid to plaintiff the sum of $3,000 at the time of its execution, and agreed to pay the balance on or before a certain date with interest at the rate of seven per cent per annum. Defendant having failed to pay, plaintiff commenced an action for said unpaid balance with interest and subsequently took possession of the property and converted the same to his own use. Defendant filed an amended answer and cross-complaint. In the second count thereof he alleged the value of the property converted by plaintiff to be $5,500 and that by reason of the conversion he was damaged in the sum of $3,368, the amount of principal and interest he had paid under the contract. The court found that by reason of the commencement of the action against defendant for the full unpaid balance due under the contract, the title to the property thereby became vested in defendant and the subsequent taking of the same by plaintiff…