Slocum

This is an appeal from a judgment of the trial court in favor of defendants, which judgment is based upon the theory that the plaintiff was estopped to claim that one Jessie Slocum was not the owner of the automobile, which, is the real subject of this action, at the time of the commencement of the action and at all times subsequent thereto.

The legal title to the automobile was shown to be vested in appellant. The main issue of fact actually tried by the court, was in relation to the claim of respondent Jessie C. Slocum that, by reason of facts which respondent sought to prove, appellant was estopped to deny that Mrs. Slocum was the owner and entitled to possession of said automobile.

The record discloses the fact that the evidence relating to the so-called estoppel was introduced without any objection on the part of the plaintiff. Under the authority of Flandreaw v . Downey, 23 Cal. 354 , it is deemed that the plaintiff waived the lack of said so-called estoppel being pleaded before the court in this case. (See, also, Carpy v. Dowdell, 115 Cal. 677, at 688 [ 47 Pac. 695 ].)

However, assuming that estoppel was properly pleaded, appellant insists that the evidence adduced at…