Gracchi
Gracchi v. Friedlander
Opinion
Lead Opinion
Sturtevant, J.
This is an application for a writ of review against the respondent as commissioner of corporations of the state of California. The petitioners are co-partners, and are doing business under two fictitious names: (1) The California Fur Rabbit Association, and (2) The California Fur Rabbit Farms. They are engaged in selling certain contracts. Each contract consists of two pieces of paper. One paper consists of three documents. The first, one is an order for merchandise; the second is a promissory note; the third is a receipt for the first payment. The first and second documents are printed to receive the signature of the intending purchaser; the third document has printed thereon “The California Fur Rabbit Association,’’ together with a blank line to be signed by the “sales representative.” The second paper is an agency assignment and is printed to receive the signature of the intending purchaser. The goods ordered in the first document are described as “Three (3) Pedigreed (Blue Ribbon Strain) White Giant Does, Two (2) compartment breeding hutches.” The same description is repeated in the agency appointment. The order recites “the title thereto shall remain with you.” The receipt…