Hendley

In this action to recover possession of two automobiles they were delivered to the plaintiff before trial, pursuant to the provisions of sections 509 to 514 of the Code of Civil Procedure. Judgment was entered in favor of the defendant Valley Investment Company for the return of the property or the value thereof, found by the court to be $2,500. The plaintiff has appealed from the judgment.

At the time of the transactions described herein the defendant Hendley was a retail dealer in automobiles at

Woodland. He ordered a number of automobiles from the Pacific Nash Motor Company, including the two mentioned, and they were shipped by that company, which forwarded the bills of lading, together with sight drafts for the amount of the purchases, to the plaintiff, the motor company reserving title until the drafts were paid by the plaintiff. By these transactions the title to the automobiles was transferred from the Pacific Nash Motor Company to the plaintiff. (Civ. Code, sec. 2129b; Mohr v. First Nat. Bank, 69 Cal. App. 756 [ 232 Pac. 748 ] ; Lawshe v. Norfolk Southern R. Co., 191 N. C. 473 [ 132 S. E. 160 ].) The plaintiff then sold the automobiles to Hendley on conditional sale…