Walsh

This is an action to recover the balance due on a contract for the sale of an automobile from plaintiff to defendant.

The complaint sets up a conditional sales contract reserving- title in the vendor; alleges the default of the defendant in making several monthly payments and asks judgment for the remainder of the purchase price. The answer admits practically all of the allegations of the complaint, but denies that any sum is due, and as a separate defense sets up one paragraph of the agreement between the parties, which reads as follows:

It is then alleged that the automobile in question was seized by officers of the United States of America, while the same was, without the knowledge or consent of defenddant, transporting intoxicating liquor in violation of a United States law, and that the said automobile is now held under a libel filed against it by federal authorities.

A general demurrer was filed to this answer, as was also a motion to strike the separate defense and for judgment on the pleadings. The motion for judgment on the pleadings was granted, and this is an appeal by the defendant from the judgment that followed. Appellant insists that by reason of the facts set…