Thompson v. Sprague

MUSSELL, J.

Roland Thompson brought this action to recover the purchase price paid by him to defendant for a used 1942 GMC 2% ton dump truck. Recovery was sought on the grounds that defendant failed to complete the transfer of title to the truck involved by failing to comply with the provisions of section 186 of the Vehicle Code and that defendant misrepresented the mechanical condition of the truck. The trial court gave judgment for plaintiff on both grounds. After this appeal was filed Roland Thompson died and Ruby A. Thompson was substituted as party plaintiff and respondent. The question presented for our consideration is whether the evidence is sufficient to support the findings and judgment.

On or about March 30, 1947, plaintiff, an attorney, entered into negotiations with the defendant, who was in the trucking business, for the purchase of a used truck for use by plaintiff’s sons to haul sand and rock in connection with a building-material business at Desert Hot Springs in Riverside County. Defendant pointed out the truck to plaintiff and stated that it was in good condition; that it would do the intended work all right and give plaintiff many months of good service; that if plaintiff purchased the truck, defendant would put it in “first class” mechanical condition before it was taken away; that he and his mechanic would “go over” the truck and “check it” and if any new parts were required, they would be put in at defendant’s expense; that when the truck was turned over to plaintiff, it would be in good mechanical condition and would give no trouble. The purchase price agreed upon was the sum of $2,000, and on April 1st the parties met at a bank where the entire purchase price was paid to defendant. Defendant endorsed and delivered the certificate of own

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ership (“pink slip”) to the bank, which took a chattel mortgage to secure repayment of the part of the purchase money advanced by it. In response to the banker’s request for the registration certificate (“white slip”) defendant stated that it had not yet come back from Sacramento but that “it would be back in two or three days.” The bank sent the pink slip to the Department of Motor Vehicles and it was thereafter retained by the department. The defendant received the white slip and the 1947 license plates for the truck on or about April 27, 1947, but did not tender them to plaintiff until September 30th of that year. Plaintiff served defendant with a notice of rescission of the contract to purchase on September 20th and declined to accept the white slip and plates tendered 10 days later. Between April and September plaintiff had requested the white slip of defendant on several occasions, one of which requests was by letter mailed to defendant on June 18, 1947.