Fredrickson v. Schmittroth

Dueeie, O.

October 31, 1902, Schmittroth purchased an automobile from Fredrickson for the sum of $1,000, and executed a promissory note for that amount due April 30, 1903, upon Avhich note the defendant Mengedoht became surety. The note by its terms provided that title to the automobile should remain in Fredrickson until the full amount of the purchase price was paid. Schmittroth claimed that the automobile was not giving satisfactory service, and it was placed in the possession of the Utah Automobile Company at Salt Lake City for the purpose of being overhauled and adjusted, Fredrickson doing…