Davis

Davis v. Young

Good Law
1925 Cal. App. LEXIS 83·75 Cal. App. 359·242 P. 743
Court of Appeal of CaliforniaNovember 27, 1925Docket No. 2957.California1,545 words

Opinion

Lead Opinion

Plummer, J.

Plaintiff began this action in claim and delivery to recover possession of a certain Dodge truck. Judgment was entered for the defendants and the plaintiff appeals. The plaintiff in his motion for a new trial and also upon appeal contends that the evidence is insufficient to support the findings. The correctness of the judgment depends upon whether the defendants at the time of the prosecution of this action had a valid lien upon the truck in question for repairs made thereon, based upon the finding that such lien existed.

The evidence shows and the court found as a matter of fact that the plaintiff is and at all the times mentioned in the complaint was the owner of the truck involved in this action. The transcript further shows that the plaintiff while the owner of said truck entered into a conditional sales contract with one Jack Hirons. The conditional contract reserved and retained title in the conditional vendor until the truck should have been fully paid for. In the month of July, 1924, Mr. Hirons took the truck to the garage belonging to the defendants, or operated by the defendants, in the town of Los Banos and there had certain repairs made upon the truck to the value of…

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