Vagim

This is an action in trover to recover damages for the conversion of certain prunes which plaintiff had delivered to defendant’s warehouseman for storage in the latter’s storehouse in Visalia, California. The case was tried before a jury and judgment was returned in favor of plaintiff. Defendant appeals.

The complaint alleges that plaintiff is the -owner of certain prunes and entitled to their possession; that he demanded possession thereof from defendant but that the defendant refused and failed to deliver the prunes, and that the defendant unlawfully converted such personal property to its own use. By its answer appellant denies the respondent’s title to the prunes, or any right of possession.

Appellant claims: (1) That it did not permit or commit any act or omission constituting an act of unlawful or tortious dominion over the property claimed by respondent; (2) that the relationship of bailor and bailee did not exist between appellant and respondent; and (3) that appellant’s agent had no authority to receive the prunes.

1. The testimony of R. W. Pool, the agent in charge of appellant’s warehouse, disposes of most of these contentions. His testimony shows the following…