Treadwell

pro tern. — The legal question in this case is whether a check of $2,000, drawn in good faith by the purchaser of an automobile to the order of the salesman with whom he dealt and delivered to the salesman at the place of business of his employer, the vendor, coincidently with the delivery of the car to the purchaser, constitutes payment to the vendor, though the salesman, upon cashing the check, absconded with the money. The defendants were sued here for the sum of $2,000 as the balance of the unpaid purchase price, upon the theory that the check was not payment. There is no substantial dispute as to the facts; and the trial court, holding that the vendor must be deemed to have received payment in full, gave judgment in favor of the purchasers, who are the defendants here. From that judgment this appeal is prosecuted by the plaintiff, who was the vendor.

[13 Plaintiff is a corporation, and in 1922 was engaged in business in Los Angeles as the local distributor of the Stearns motor-ear. On May 15, 1922, the defendant A. W. Treadwell, a practicing attorney residing in San Diego, visited plaintiff’s establishment in Los Angeles with a view to purchasing a car. There he met, and was…