Blenkiron
Blenkiron v. Birkhauser
Opinion
Lead Opinion
Sloane, J.
This appeal was taken from the Superior Court of Imperial County from a judgment for plaintiff in the sum of $294.
The history of the case is somewhat complicated, and the record on appeal by no means clear in its details.
Suit was originally brought in the Justice’s Court of El Centro township, county of Imperial, by the appellants here against W. Maloof and Paul Blenkiron and John S. Doddridge, copartners doing business under the firm name of Blenkiron and Doddridge Company and Paul Blenkiron and John S. Doddridge, as parties defendants. The original cause of action arose out of a transaction in which defendant Maloof sold an automobile to the plaintiffs Eleanor S. Birkhauser and Frank Birkhauser, her husband, under a conditional sales contract, calling for certain installment payments and an interest payment of $90, which plaintiffs claimed to be usurious. This contract was assigned by Maloof to Blenkiron and Doddridge, copartners, the firm consisting of defendants Paul Blenkiron and John S. Doddridge. A several judgment by default was taken in the Justice’s Court against Maloof, and later on the trial of the case, judgment was given for plaintiffs for the sum of $294, and…