Hedger

Hedger v. Hogle

Good Law
1928 Cal. App. LEXIS 112·89 Cal. App. 354·264 P. 807
Court of Appeal of CaliforniaFebruary 21, 1928Docket No. 6175.California2,502 words

Opinion

Lead Opinion

Campbell, J.

This is an appeal from a judgment in an action of claim and delivery of an automobile. The court found that the defendants were the owners of the automobile and entitled to retain possession and entered judgment accordingly. From this judgment plaintiff has appealed.

On November 8, 1924, appellant was the owner of the automobile in question given to her by her father, and it' was then registered in her name as required by the Motor Vehicle Act (Stats. 1923, p. 517). On that date appellant and her father went to the salesroom of “National Motor Sales,” under which name F. Koehl was conducting the business of selling used automobiles, and there delivered appellant’s Packard automobile to the “National Motor Sales, F. Koehl, Proprietor,” for $2,000, and $200 cash was paid on account of the purchase price, and the “National Motor Sales” was to sell the car and pay the balance due within ninety days. A promissory note of “National Motor Sales, Frank Koehl” for $2,000 was given to plaintiff dated November 8, 1924, due in ninety days, with interest at seven per cent per annum, stating in the body of the note “Value received for Packard Sedan No. 168100” and endorsed “Received by cash…

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