Robinson

The defendant, A. M. Hubbard, Jr., appeals from a judgment in favor of the plaintiff, Earl S. Robinson, for the sum of $5,000, together with interest and costs. His sole contention is that the findings upon which the judgment is based are not supported by the evidence.

The nature of the controversy as it appears from the record is as follows. The respondent Robinson purchased a truck and trailer from the White Motor Company about August 14, 1957, under a conditional sales contract. The White Motor Company, as conditional vendor, retained the legal title to *718 the truck and trailer. On or about August 1, 1958, the respondent agreed to assign his interest in the truck and trailer under the conditional sales contract to the appellant Hubbard. The actual assignment of the respondent’s interest in the contract was made in writing about two weeks later at the office of the White Motor Company. The evidence was in conflict as to the terms of the oral agreement made by the appellant and respondent. The respondent testified in effect that the appellant agreed to pay $5,000 cash upon completion of the formalities relating to the transfer of his interest. The appellant conceded that he…