King
King v. Moreland
Opinion
lead Opinion
Houser, J.
From the record presented on this appeal it appears that for the sum of $4,250 defendant purchased from plaintiff’s assignor a two-thirds interest in “one ambulance, all the furnishings and equipment located down stairs at 1011 North Wilmington street, Compton, California, and all outstanding contracts with any person, corporation, or municipality, the subject of which are the performance of duties connected with the undertaking business, which the said lessor has this day entrusted to the care of the undersigned”. In payment thereof, defendant executed what is entitled a “purchase lease”, which in effect was an installment promissory note for the sum of $4,000, to which was annexed a conditional sale contract of the property hereinbefore mentioned and which contract contained several statements and conditions, including the fact that the “lessor has agreed and promised that upon the payment of said note ... it will sell and transfer” to defendant the ambulance and other property described in said instrument. Thereupon defendant paid a portion of the principal of said note and went into, and a,t all times thereafter remained, in exclusive possession of the property, with the…