Coats & Williamson, Inc. v. Moran & Co.
Opinion
lead Opinion
Knight, J.
This is a joint appeal by the defendants from a judgment rendered against them in the sum of $2,769.50 and costs for the alleged conversion of ninety-five and one-half tons of hay.
During the month of October, 1919, the hay in question was stored in a barn on an island near Vallejo, of which C. R. Windeler and S. Benson at that time had control. On November 8, 1919, Windeler & Benson made a purported sale of said hay to Goss & Son. On November 13, 1919, Goss & Son sold the hay to the defendant Moran & Co. Within a few days thereafter Moran & Co. shipped the hay on a barge under the control of defendant Erickson from said island to its warehouse located in South San Francisco.
The appellants claim a valid sale of said hay to Goss & Son under the provisions of section 1142 of the Civil Code upon the ground that Windeler & Benson at the time of said purported sale were in possession of said hay under authority to sell the same granted by plaintiff through its representative Lucius L. Solomons, and that Goss & Son, relying upon the authority thus granted, purchased said hay from Windeler & Benson in good faith and in the ordinary course of business.