Morris

Girola Brothers entered into a contract with the defendant on the first day of February, 1926, by the terms of which Giróla Brothers sold to the defendant on an installment contract an automobile truck. The defendant defaulted in his payments. The Giróla Brothers assigned their interest to the plaintiff. The plaintiff commenced an action against the defendant to recover the payments due and in his complaint he set forth the contract in Twee verba. The defendant filed an answer and a cross-complaint. In the latter pleading the defendant inserted two counts. In the first one he set forth the alleged fraud of Giróla Brothers and based thereon the prayer that the plaintiff take nothing. In the second count of the cross-complaint he again alleged the fraud of Giróla Brothers and offered to return the truck to Giróla Brothers and demanded the payment to him of the $1,000 which he had paid on the truck. The trial court made findings of fact in favor of the plaintiff and from a judgment entered thereon the defendant has appealed.

Among others, the court made the following findings:

The defendant contends that the evidence is insufficient to justify the decision. In support of that point…