Lindsay

The plaintiff commenced an action against the defendants and asked for judgment for the recovery of an automobile truck or for the value thereof in case a delivery could not be had. The defendant Maurice Haydis was not served and as to him the transaction was dismissed. The Kleiber Motor Truck Company, a corporation, answered and a trial was had before the trial court sitting without a jury. The court made findings in favor of the plaintiff and from a judgment entered thereon the corporation has appealed.

Some time prior to 1923 Maurice Haydis purchased under a conditional sales contract a motor truck from plaintiff. He operated it some time and then he took it to the Kleiber Motor Truck Company and directed it to take out the engine and replace it with a new engine and to change it from a right-hand drive to a left-hand drive and make some other alterations therein. At that time the truck was under license for the year 1923. The record of the division of motor vehicles showed the legal owner to be J. Walter Lindsay and the registered owner to be M. Haydis. No claim is made that the defendant corporation at any time gave actual notice in writing to the plaintiff that it was about…