Boles

Palintiff brought this action against the defendant to recover the possession of an automobile, or its value in case delivery could not be had. Judgment was entered in his favor and the defendant has appealed.

Plaintiff and defendant were engaged in business as partners. By mutual agreement, evidenced by a writing to that effect, the partnership was dissolved, and the parties divided the partnership property between them. As part of the division it was agreed that the plaintiff should take and keep as Ms own an automobile which had been purchased by the firm from a third party under a contract of conditional sale. The agreement between the plaintiff and defendant at the time of the dissolution of the partnership was that the plaintiff should pay all of the unpaid installments on the purchase price of the machine, and, in addi tion, pay the defendant $135 for his interest in the same. Upon such dissolution of the partnership and division of the property the plaintiff took possession of the machine as his own separate property and used it exclusively for more than six months for his own private purposes and in conducting his own private affairs. He continued the payment of the…