Riley Motor Co. v. Wilkins

As the parties to this appeal retain the same position as they did in the trial court, we will refer to the plaintiff in error as plaintiff and the defendant in error as defendant.

January 13, 1934, defendant purchased an automobile from plaintiff and in part payment executed a note to the plaintiff for $457, bearing interest at 10 per cent, per annum, payments to be made in installments, and on the same day gave the plaintiff a mortgage ■ on the automobile to secure the payment of the note.

The defendant made payments from time to time on this note up to and including April 1, 1935, at which…