Opinion
(Filed 22 February, 1922.)
APPEAL by plaintiff from Devin, J., at June Term, 1921, of DURHAM.
In the above case, upon facts substantially similar to those presented in Johnson v. Yates, supra, there was judgment for defendants, who held the property for repairs done at the instance of the purchaser of the automobile in possession of and using same with assent of the mortgagee.
W. G. Bramham for plaintiff.
Bryant Brogden for defendant.
(For digest, see Johnson v. Yates, ante, 24.)
CLARK, C. J., dissenting.
For the reasons stated in Johnson v. Yates, supra, the judgment in the instant case is
Affirmed.