Saxon v. Buckeye Manufacturing Co.

JAMES, J.

Appeal by the defendant from a judgment entered in accordance with the prayer of plaintiff’s complaint, and from an order made in the trial court denying to the defendant a new trial. The judgment-roll is included in the transcript and the evidence heard at the trial is presented by bill of exceptions.

Plaintiff by this suit sought to recover the sum of five hundred dollars, with interest, alleged to have been deposited with the defendant under the terms of a certain agreement. The cause of action is in the main stated in paragraph II of plaintiff’s complaint, which paragraph reads as follows:

“That on the 26th day of July, 1912, in the City of Los Angeles, County of Los Angeles, State of California, plaintiff deposited in the hands of defendant the sum of five hundred dollars ($500.00) and authorized defendant to lend said five hundred dollars ($500.00) to one Ray S. Carrothers upon the defendant procuring and delivering to plaintiff the promissory note of said Ray S. Carrothers, executed to plaintiff, for five hundred dollars ($500.00), payable six (6) months from the date of the execution thereof, and secured by a chattel mortgage on a certain automobile truck that defendant informed plaintiff was to be purchased by said Ray S. Carrothers from defendant; and defendant agreed to make said loan in the manner above stated, and not otherwise, and agreed to return said sum of five hundred dollars ($500.00) to plaintiff within a reasonable time after July 26, 1912, if said loan was not made in the manner above stated.”

It is claimed, in the first place, that the evidence is insufficient to support the findings made by the trial judge. The

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evidence showed that in 1912 the plaintiff, having theretofore entered into a contract with the defendant by which the plaintiff acquired the right to market automobiles manufactured by defendant within certain territory in the state of California, desired to bring to an end her business relations with defendant. The full time fixed by the agreement between the parties had not then expired and defendant sent to California its agent for the purpose of endeavoring to adjust matters with the plaintiff so that her desire to be released from her contract might be accomplished. This agent, dealing mainly with the attorney for the plaintiff, arrived at an agreement which was reduced to writing. This agreement embodied a number of provisions which related to the disposition to be made of automobiles and trucks theretofore ordered from the defendant by the plaintiff. The cause of action here sued upon arose by reason of the claim of the plaintiff that the defendant had failed to comply with certain conditions made respecting the matter set forth in paragraph 7 of the settlement agreement. We quote that paragraph: “7. Inasmuch as said Buckeye Manufacturing Company is disposing of or is intending to dispose of the truck included in said carload above mentioned, Mrs. Saxon agrees to make a loan to the purchaser of said truck, Mr. Bay S. Carrothers, in the sum of $500.00, so that said Carrothers can pay to said Buckeye Manufacturing Company the balance of the purchase price of said track in full, said loan to be represented by a promissory note, made by said Carrothers, due six months after its date, bearing interest at 7% per annum from its date, which promissory note shall be secured by chattel mortgage on said truck, executed by said Carrothers in the form already agreed upon and already executed by said Carrothers. ’ ’ The evidence showed that as to the particular truck mentioned in the foregoing, the defendant company desired to complete the sale thereof to Carrothers, but were not prepared to do so until one thousand one hundred dollars, in addition to the five hundred dollars to be advanced by the plaintiff, was paid on account of the purchase price. On July 26, 1912, the plaintiff delivered her check for five hundred dollars to the defendant and the following receipt was issued to her: