Pacific States Securities Co. v. Steiner

The plaintiff brought suit to recover the balance due upon a conditional contract of sale of an automobile, wherein Al. G. Faulkner Company was the seller and the defendant, David H. Steiner, was the purchaser. The seller assigned the contract to the plaintiff who obtained judgment in the trial court for the balance due upon the automobile. Defendant appealed from the judgment upon the judgment-roll alone.

The only defense offered in the trial court was one growing out of an oral agreement made at the time of the sale by which the seller and purchaser agreed that in the event the Harmon…