San Jose Autocar White Co. v. Williamson

AGEE, Acting P. J.

Under conditional sale contracts executed on January 13, 1962 and June 8, 1962, respectively, San Jose Autocar White Company, Inc., plaintiff herein, sold two White 2-axle tractor-trucks to H. S. Earls and Louise M. Earls, his wife, to be used in their trucking business.

Defendant, who is the nephew of H. S. Earls, guaranteed the installment payments called for by the contracts. When the vendees defaulted, plaintiff repossessed and sold the tractors. Then, based upon defendant's written guarantee, it recovered the deficiency judgment from which defendant has appealed.

Defendant’s denial of liability is based upon alleged violations of the “Automobile Sales Finance Act"

1

(added Stats. 1961, ch. 1626, effective Jan. 1, 1962), which contains sections 2981-2984.3 of the Civil Code. Since we hold that the Act is not applicable to the contracts involved herein, we shall merely note the alleged violations.

Defendant contends that plaintiff

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is precluded from recovering under the January 13, 1962 contract because it did not contain the “Notice to the buyer” provisions as required by Civil Code section 2982, subdivision (a), subsection 10.

Defendant further contends that plaintiff failed to give him the five days’ written notice of intent to sell the repossessed tractors as provided by Civil Code section 2983.2 and

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that by reason thereof plaintiff had no right to a deficiency judgment. (The notice actually given was otherwise sufficient.)

The application of the Act is limited to the sale of a motor vehicle “which is bought for use primarily for personal or family purposes, and does

not

mean any

vehicle which is bought for use primarily for business or commercial purposes.”

(Civ. Code, § 2981, subd. (j) ; italics added.)