Goodwin
Johnson, Joseph & G. M. Josselyn & Co. v. Goodwin
Opinion
Lead Opinion
Langdon, J.
This appeal is taken by the defendant from a judgment for $471.73 against him in an action to recover the reasonable value of ship chandlery and materials furnished to -the steam schooner “Nika” in this city and county. The defendant had purchased the “Nika” in Louisiana and brought her to San Francisco. In August, 1922, defendant entered into negotiations with Mr. Mendezona for the sale to him of this vessel. The transaction was consummated on August 10, 192-2, and defendant received the first payment upon the vessel called for by the contract. Defendant, thereupon, paid off the crew and discharged them and also paid off the master of the vessel, Captain Roberts, and discharged him. Early the next morning, August 11th, Mendezona -took possession of the vessel. He thereupon employed Captain Roberts as the master of the vessel. Captain Roberts, as the agent of Mendezona, then telephoned to the plaintiff that he had an order to give for supplies and they sent their representative to sectire the same. This representative, Mr. Newhall, went aboard the “Nika” and was told by the master that the matter was being handled by Mr. Laurent, an employee of the Pan-American Line, at whose pier…