Rochon v. Pacific Coast Mortgage Co.

HOLLZER, J.,

pro tem.

Plaintiff recovered judgment against defendant in the sum of $545.50, as damages for the conversion of an automobile.

The trial court found that on November 25, 1927, the defendant loaned plaintiff the sum of $304.50, taking title to the latter’s automobile as security, giving hack to him a sales contract, whereby the defendant sold said automobile to him for the sum of $417.36, payable in twelve equal monthly installments beginning December 29, 1927, and that on December 17, 1927, the defendant repossessed said automobile and refused to return the same to the plaintiff unless he paid to it the full amount owing upon said contract.

The defendant does not dispute the correctness of any of the foregoing findings.

[300]

In addition, the lower court found that no condition existed which gave the,defendant the right to repossess said automobile and also that plaintiff had performed all of the covenants on his part to be performed, and had not breached any of the terms or conditions of said agreement nor committed any act justifying such repossession, and that he had been damaged by defendant’s act in the sum of $545.50. As a conclusion of law, the court held that the defendant’s act was wrongful and that plaintiff was entitled to judgment in said amount.

The defendant challenges the findings and conclusion of law mentioned in the preceding paragraph, and contends that said findings are not supported by the evidence, also that said conclusion of law is erroneous, and that the damages allowed to the plaintiff are excessive.

That the defendant took the plaintiff’s automobile prior to the maturity of any installment payable under the contract and also disposed of said car is not disputed.

The defendant, however, seeks to justify its action in repossessing said automobile and disposing of the same, under two certain paragraphs of said contract.

One of these—omitting all portions not relevant to the present case—provides that should the seller (defendant) deem the financial condition of the purchaser (plaintiff) such as to endanger the rights .or security of seller under said contract, or should said purchaser misuse or abuse the car, then the seller shall have the right to declare immediately due and payable the entire amount of principal and interest.