Shedoudy

Appeal from judgment in favor of plaintiff and from an order denying defendant’s motion for a new trial.

On the tenth day of July, 1905, plaintiff shipped a case of crockery and oriental goods from San Bernardino to Los Angeles, addressed to “Elias A. Shedoudy, Los Angeles, Cal.,” via the Santa Fe Railway. This case of goods was delivered to the defendant, as a warehouse-keeper at Los Angeles, by the railway company, on August 7, 1905, to be stored until plaintiff should claim it. On November 7, 1905, plaintiff called at defendant’s warehouse in said city, and in a conversation with defendant’s representative was told that defendant had the case of goods, and the charges on them were $2.50 to November 7th, and would be twenty-five cents a month thereafter. Plaintiff said he would like to leave the goods in storage, and was told that defendant would “keep them as long as you want.” He then stated that he was going on a long trip and that when he located he would send defendant a letter to send the goods C. O. D. The representative replied: “We might not send them C. O. D.; you better send the money,” and upon plaintiff suggesting that he might forget the amount, defendant’s agent…