Wood

The petition for hearing in this matter was granted in order that this court might amend the judgment entered by the District Court of Appeal of the Fourth Appellate District, otherwise the opinion written by Mr. Presiding Justice Barnard and concurred in by Associate Justice Jennings and Associate Justice Scovel, sitting pro tempore, is adopted.

“This is an appeal by the defendant from a judgment in favor of the plaintiff in an action in claim and delivery for the return of a truck. The truck in question was sold by the respondent to the appellant under a contract which provides that it shall be paid for ‘in monthly payments’, although the contract neither provides for any particular amount per month nor, in view of its other terms, for any regu larity in making the payments. The contract provides that the buyer shall have the right to make any and all payments upon the truck ‘out of work and hauling to be done by second party with said truck for the first party’. The contract also provides: ‘And it is the intention of the two parties that the first party shall employ the second party, from time to time hereafter, as a truck driver to make certain trips with said truck about the…