Pettit

Defendant Pettit was’the sole proprietor or manager of the Pacific Printing Machinery Company engaged in the business of buying, repairing, reconditioning, and reselling new and second-hand printing machinery. Appellants purchased from said Pettit, May 29, 1925, at his place of business in San Francisco, a certain printing-press, paid for it and had it delivered and set up in their place of business in Oakland, on or before June 27, 1925. Thereafter in August, 1925, respondent commenced this action against appellants and defendants for the recovery of the said press, claiming that it had never parted with title to the same, hut that the press had been delivered to Pettit upon a conditional sale agreement reserving title in respondent until full payment of the sale price, which had not been made. The complaint alleged ownership and right of possession and the answer of appellants contained only denials. Defendants Pettit and Pacific Printing Machinery Company were not served with summons and were not' parties to the trial.

The transactions between respondent and Pettit accompanying and following the delivery of the printing-press to Pettit are outlined as follows: Pettit wired to…