Frankel

Two questions have to be answered on this appeal taken by plaintiff from a judgment “that plaintiff take nothing.” That which plaintiff tried to take was a judgment for the unpaid balance of two conditional sales contracts, in each of which it was recited that there was a cash down payment to seller of $700, whereas the “cash” *734 consisted of three checks that had been given in the transaction by which the two sales were made and handled. Two of the checks were for $200 each, and the third for $1,000. One of the $200 checks was post-dated. The questions that had to be answered are these: (a) Did the checks constitute two cash payments of $700? (b) If they did not, did that fact render the contracts so invalid that the plaintiff may not recover them? We are of the opinion that the trial court correctly gave a negative answer to the first question and an affirmative answer to the second, and so we are affirming the judgment.

We quote, with our emphasis, some of the terms of section 2982 of the Civil Code as they were in February of 1961: “ (a) Every conditional sale contract for the sale of a motor vehicle, with or without accessories, shall be in writing, and . . . shall contain…