Hebert v. Miller

Austin Carter petitions for a writ of mandate by which it is sought to require the superior court to proceed to judgment in an action he has pending against Seaboard Finance Company without entertaining and determining issues raised by defendants amended and supplemental answers. The ground upon which he seeks relief is that the Supreme Court heretofore rendered its judgment by which it reversed in part a judgment rendered in favor of defendant and limited the issues to be retried in the superior court. Plaintiffs action is for money. His complaint alleged three causes of action all arising out of a single transaction in which he purchased four motor vehicles and in connection therewith executed to Seaboard his note and chattel mortgage. The facts of the case are considerably involved. They are set out in full in Carter v. Seaboard Finance Co., 33 Cal. 2d 564 [203 P.2d 758]. Briefly stated, the decision of the Supreme Court was that the chattel mortgage was in law a conditional agreement for the sale of motor vehicles, as defined by section 2981(a), Civil Code; that it was valid as to two of the vehicles and invalid as to the other two. Plaintiffs demand for the recovery of money paid under an allegedly invalid agreement was asserted in the second cause of action of his complaint. The judgment of the Supreme Court (p. 588) reads in part as follows: "The judgment on the second cause of action is reversed with directions to the trial court to determine the sums due to the plaintiff on the unenforceable portion of the contract relating to the Sterling and Freuhauf vehicles and enter judgment accordingly."