Brimmer

Appeal by J. C. Lynch, doing business as Tri-City Credit Bureau (“Tri-City”), plaintiff below, and by Gateway Chevrolet Company, a corporation (“Gateway”), cross-defendant below, from a judgment in favor of respondent Bose T. Brimmer (“Brimmer”). The action was brought in the municipal court by Tri-City, as assignee of Gateway, against Brimmer. The complaint pleads, according to its legal effect, and not in haec verba, a written agreement dated June 12, 1957. This agreement is alleged to be a conditional sale agreement between Gateway as seller and Brimmer as purchaser of a Chevrolet car. The balance due is alleged to be $2,612.64, plus repossession costs of $381.52. It is stated that the car was sold for $2,075, leaving a net balance of $919.16. At the trial it appeared that the balance is $898.41.

Brimmer answered, denying that she made the pleaded contract of June 12, 1957, but alleging that on June 11, 1957, she entered into a conditional sale contract with Gateway, and denying any indebtedness. By way of cross-complaint against Gateway, she alleged that the June 11, 1957, agreement was a conditional sale contract, but that it did not state the amount of the time price…