Rogers Lamb Co. v. Coast Securities Co.

Plaintiff, a copartnership, brought this action to recover possession of two automobiles. The court awarded judgment to respondent and this appeal followed.

In March, 1920, one Adams, as agent and dealer, had consigned to him a carload of automobiles. Five machines comprised the shipment. Delivery of the automobiles was conditioned upon the payment of a draft covering the pur chase price, which amounted to $10,315.55. Defendant corporation arranged to finance Adams, and its representative accompanied him to a suburban bank which held the invoice draft for collection. The check of defendant was given covering the full amount of the invoice. An agent of defendant accompanied Adams, checked the numbers of the motors, and saw the automobiles placed on the floor of Adams’ salesroom. Under the arrangement made between Adams and defendant, the latter issued to Adams contracts of conditional sale separately covering each of the five machines. In these contracts defendant was named as the owner and seller and Adams as the purchaser, and it ivas recited that there had been an initial payment made of a stated amount. The remainder of the purchase price was required to be paid on July 23,…