Jones

This is an appeal from a judgment in favor of the defendant in an action to replevin an automobile. The answer asserts that the right of possession and title to the car were in the respondent. It also alleges that the car was worth $403.11, and prays for the return of the machine or the payment of its value.

May 23, 1925, Harmon & Graves Motor Company of Eureka, sold and delivered to C. A. Bland a Nash touring car upon an executory contract, by the terms of which the title remained in the vendor until the purchase price was fully paid. C. A. Bland was a minor, and the contract was, therefore, executed by his father, C. M. Bland, although the car was registered in the name of the son. Three days after the contract was executed it was assigned to the Pacific Acceptance Corporation of San Francisco. Harmon & Graves maintained an office at Bedding, in the vicinity of which the Blands resided. After the assignment of the contract several payments thereon were made to Harmon & Graves which were accepted and credited without criticism on the part of the appellant. In February, 1926, Bland was having trouble with his machine and drove it into respondent’s garage at Woodland for repairs.…