Spitler

This is an appeal from a money judgment in an action for conversion.

On May 18, 1956, appellant and respondent entered into a conditional sales contract by which appellant agreed to sell to respondent two used Massey Harris combines for $9,000. The contract provided that appellant, at his option, could repossess the machinery for a violation of any term or condition of the contract by respondent. The combines were delivered to respondent on May 18th and he thereafter used them in commercial harvesting until June 30th when appellant repossessed the combines, claiming the right to do so because of respondent’s alleged breach of his agreement to keep the combines “in first class condition and repair.” Issue was joined by the pleadings herein as to the condition of the combines which the trial court found at the time of the repossession were in good working order, in average condition for commercial harvesters, and not in a state of disrepair. Appellant contends that the findings lack evidential support. The contention is not well taken.

Respondent frankly admitted that the combines were not in first class condition and showed use and wear, but he *682 testified that the combines…