Mannix

An action upon contract was commenced in the Justice’s Court, alleging the wrongful conversion of an automobile by defendant.

. The answer was a general denial and as a further defense the contract, by virtue of which plaintiff had come into possession of the automobile in question, was set forth wherein it was stipulated in effect if the purchaser failed to make any payment therein provided for, the seller could at his option and without notice to the purchaser declare all of purchaser's rights under the contract terminated and immediately retake possession of the automobile. The contract also provided that the purchaser waived all claims for damages due to or connected with such taking. Judgment was rendered for plaintiff (the purchaser) in the justice’s court and upon appeal to the superior court upon questions of. both law and fact, judgment was again given in favor of plaintiff.

Petitioner now seeks by a writ of certiorari to review the judgment of the superior court, claiming the parties had by their contract stipulated that plaintiff had waived all claim to damages by reason of the taking of the automobile, and therefore the court had no jurisdiction of the…