Fletcher

The plaintiff brought this action to recover possession of an automobile or its value. Judgment was entered in favor of the defendant Commercial Discount Company for the possession of the automobile and in favor of the plaintiff against the defendant Hollywood Harmon Company for the value thereof. The plaintiff has appealed from the judgment.

It was stipulated at the trial that on April 5, 1927, the Hollywood Harmon Company was “a motor vehicle dealer, . . . dealing particularly in Harmon automobiles ’ ’; that on that day the plaintiff “ordered from said Hollywood Harmon Company a certain five-passenger . . . automobile : . . for the sum of $4,405” and delivered to that company a 1925 Harmon sedan “as part payment in the sum of $2,250”; that on April 13, 1927, the plaintiff paid the balance of the purchase price and was given a memorandum of sale of the automobile, stating the motor number and other particulars to identify the machine; that the plaintiff never took possession of the automobile, “nor was there ever any actual or continuous change of possession of said automobile between the Hollywood Marmon Company and the plaintiff”; that the plaintiff “did not record any bill of…