Peerless Insurance & Brokerage Co. v. Dwyer Equipment Co.

This is an appeal by defendant Dwyer Equipment Company from a judgment rendered against it in an action in claim and delivery.

The basic facts appear to be that on a conditional sales contract the plaintiff sold an automobile to one Porter, who left it with one Blake to be painted. The paint job having been completed and no payment having been made therefor, under the then provisions of the law (secs. 3051 and 3052 of the Civil Code) Blake proceeded to enforce the lien which he claimed and thereunder sold the automobile to the defendant Dwyer Equipment Company. The plaintiff company offered…