Roffalli

The complaint alleges that on February 27, 1925, Robert Barr, Inc., being the owner of a truck, sold and delivered it to defendant Accardo Roffalli, who will be referred to as the defendant, on a conditional sale contract for $895.03, of which the sum of $230 was paid in cash, the balance to be paid as follows: $52.80 on the 27th of each of the months of March, April and May, 1925, and $33.71 on the 27th of every month thereafter until the whole amount of the contract price was paid; that Robert Barr, Inc., on the day the contract was executed, assigned and transferred to the plaintiff, the contract and the seller’s interest in the truck; “that there is now due and unpaid the sum of $33.71 on the payment, which by the terms of the said contract became due and payable on the 27th day of February, 1925, nor have any of the instalments subsequently becoming due been paid.” The other allegations of the complaint are such as are appropriate in an action for the recovery of personal property. The prayer is for the recovery of the truck or its value if delivery thereof cannot be had. The complaint was filed April 13, 1926.

During the trial the plaintiff asked permission to amend the…