Jewett

The defendant appeals from a judgment recovered by the plaintiffs in an action for conversion of certain personal property which belonged to the plaintiffs and which was stored by them with the defendant.

. It appears that because of the failure of the plaintiffs to pay certain storage charges on the said property, the de- " fendant caused the same to be sold for the purpose of collecting said charges. It is admitted that in so doing the . defendant failed to give the notice required by the provisions of section 33 of the Warehouse Receipts Act. (Stats. 1909, p. 437, as variously amended.) On the other hand, as a justification for the manner in which it proceeded in making . a sale of the property, it is contended by the appellant that by the provisions'of section 35 of the Warehouse Receipts Act it was authorized to adopt, and that it did adopt and pursue, the provisions outlined by section 3052 of the Civil Code. Said section 35 of the Warehouse Receipts Act is as follows:

The question, therefore, which is submitted herein for determination is whether on a sale by a warehouseman for the enforcement of a lien for charges on stored property he may adopt the procedure in that…