Benedict

This is an appeal taken by the plaintiff from a judgment entered in favor of the defendant. By his action plaintiff sought to recover the sum of eight hundred dollars alleged to be the value of a certain automobile which it was alleged had been appropriated and converted by the defend-. ant.

Plaintiff, in January, 1913, entered into an agreement with the Hollywood Garage Co. to purchase a six-cylinder automobile truck. The machine was not a new one. He agreed to deliver certain personal property other than money in part payment therefor, which arrangement was carried out. He then took possession of the truck, and to provide for the payment of the additional consideration required of him, he executed the following instrument:

Some time prior to June 11th the Hollywood Garage Co. sold and transferred to respondent all of its interest in the contract above set forth and in the automobile, and thereafter plaintiff dealt with the defendant and made payments to it. The contract matured on May 15, 1913. On that date but $150 had been paid by appellant. On June 11th appellant paid the sum of $100 on account, which left him still in arrears in the sum of $100, He requested of…