Allison V. Niehaus

This is an appeal from the District Court of Bernalillo County from a judgment for the appellee in an action of replevin to recover a trailer-house in possession of the appellant. The defendant (appellant here), being employed by the plaintiff (appellee), arranged with the latter for purchase of a trailer-house so his family might live with him at Chama where he was working. Plaintiff paid for the trailer and took a bill of sale from the trailer factory in his own name. Defendant received immediate possession of the trailer and was charged with the purchase price on an open account on plaintiff's books. Payments on the account, which included numerous other and smaller items, were made by deductions from defendant's wages. No specific credits were made against the trailer charge nor against any of the other items, but all were carried to a general balance.