Bice

On June 16, 1920, the respondent and one James A. Gallagher, both residents of the state of Wash ington, entered into a contract in writing, at Yakima, in said state, for the purchase by Gallagher of a Hudson automobile, by virtue of which agreement the latter sold to respondent another machine for eight hundred dollars, which amount was credited as initial payment upon the Hudson. Gallagher made no further payments, but soon absconded, and when respondent ultimately located his car it was in the possession of appellant Rider, who claimed to have purchased it from Harold L. Arnold, Incorporated, at Los Angeles, under a conditional sale contract, which, in turn, the Arnold company had transferred to the Pacific Finance Corporation. Respondent thereupon instituted an action against Rider and said corporations for possession of the Hudson car, or its value, and damages; Gallagher was also made a party defendant, but, failing to locate him, the plaintiff dismissed as to him. Judgment was rendered for the plaintiff, and this is an appeal therefrom.

The contract between respondent and Gallagher ' constitutes the principal grounds of controversy, and we quote the material portions…