Hutchinson

This is an appeal from a judgment in defendant’s favor in an action for the recovery of the possession of personal property.

Concerning the facts of the case there is no substantial dispute. The plaintiff was the owner of a certain automobile known and designated as a “1915 Hupmobile Roadster,” and which he desired to sell. While on a visit to the east he opened correspondence with a Mr. Llewellyn Johnson regarding the sale of his machine, as a result of which he sent the latter a telegram on September 20, 1915, to the effect that he had instructed the garage to deliver the car to him, as the plaintiff’s agent, for sale at eight hundred dollars cash, no delivery to be made until full price was paid. Johnson re eeived the car under this instruction, and within a short while thereafter he made an exchange of it with the defendant for a touring car owned by it, receiving fifty dollars, cash on the trade. On October 22, 1915, Johnson wrote a letter to the plaintiff, who was then in New York City, that he had after some difficulty made a deal by which he had sold the plaintiff’s automobile for four hundred dollars cash and a Hupmobile runabout, which he could sell for the same amount…