General Securities Corp. v. Reo Motor Car Co.

Plaintiff and defendant presented to the trial court a stipulation of facts upon which the court rendered judgment for defendant. In its findings the court adopted the language of the stipulation, omitting certain exhibits referred to therein. The findings are as follows:

On these findings the court erred in concluding that defendant was entitled to the possession of the property referred to therein. We have this day filed our decision in General Securities Corporation v. Reo Motor Car Co., Civil No. 5800, ante, p. 16 [ 266 Pac. 516 ], in which it is held, on facts quite similar to the facts in the present ease, that the defendant was not entitled to the possession of the automobile. In that case the same dealer, F. S. Stewart, had sold a ear under circumstances showing that he had been given at least ostensible authority to make the sale as the owner. From the stipulation in the case now before us it is manifest that the defendant impliedly, if not expressly, authorized Stewart to sell the car to the public and to represent himself as its owner for this purpose. In the ease above referred to, our Civil No. 5800, the law applicable to these facts is discussed at some length. It…