BAILMENT-EFFECT OF SETTLEMENT BY BAILEE AS A BAR TO ACTION BY BAILOR

Plaintiff, as assignee of conditional vendor, brought an action against defendant for damage done to an automobile sold to one Zinner under a conditional sales agreement. The automobile was damaged through the negligence of the defendant and one Fulbrush, who, acting independently and with no knowledge of the plaintiff's claim, settled with Zinner for the full amount of damage; defendant and Fulbrush paying Zinner $429.55. The plaintiff later repossessed the automobile as Zinner failed to keep up his payments under the conditional sales agreement. Plaintiff sold the automobile in its damaged condition and brought this action for the difference in the sum realized and the balance due him at the time he repossessed the automobile.

The trial court awarded the plaintiff $409, but the appellate court vacated the finding and entered judgment for the defendant. Held, affirmed. Where a conditional vendee, as bailee, makes a settlement for full damages, a release given by him will bar another action by the conditional vendor, as bailor. Associates Discount Corporation v. Gillineau, (Mass.

1948) 78 N.E. (2d) 192.