Hartshorn v. Elite Printing Company

VALENTINE, J.,

pro tem.

An action in replevin was commenced by the plaintiff and appellant June 27, 1921, against defendant for the recovery of the possession or value of the personal property involved in this proceeding. The appellant alleged ownership and right to possession. The defendant answered claiming right to possession and ownership as purchasers of the property from F. M. Couch, as trustee; F. M. Couch, as trustee for Blake, Moffitt & Towne, intervened and claimed ownership to the property as purchaser from one E. F. Howe.

The property in question was originally purchased by E. F. Howe from the American Type Founders Company, under and by two conditional sales contracts; Howe was publishing a newspaper called “The Zanjero,’’ in the city

[754]

of El Centro, and the property in question was practically the entire operating “plant” of this newspaper. Plowe was in default, and other parties (the plaintiff’s group) paid the balance due on these contracts to the American Type Founders Company to enable Howe to continue the publication of said newspaper for the purpose of advocating the completion of a certain irrigation canal, called the All American Canal, which was deemed to be for the benefit, among others, of the parties arranging such payment. E. F. Howe continued the publication of the newspaper and to advertise and advocate the cause of the All American Canal under a verbal agreement or understanding, as claimed by the intervener, that certain members of “plaintiff’s group” should pay to the American Type Founders Company the balance due on the two contracts, and that Howe should continue to so advertise to the extent of $100 per month until such time as the total advertising amounted to a sufficient sum to “wipe out” such balance, the plaintiff’s group taking an assignment in blank of the two conditional sales contracts as security until E. F. Howe should repay them “by means of advertising and editorial service in said newspaper” as aforesaid, which the intervener claims was done.

The transactions were numerous and involved, but we believe this sufficiently states the facts and contentions of the parties material to the issue raised on this appeal.

The defendant Elite Printing Company appears to have abandoned its claim, and. has filed no brief on this appeal.