Valentine

T his is an action in claim and delivery for the recovery of a certain automobile, resulting in a judgment for damages in the sum of $1,250. By reason of the fact that at the time of the trial the automobile had been sold, possession thereof could not be delivered to the plaintiff. Defendants appeal from the judgment.

At a time prior to April 3, 1922, one Walter Hodges was connected with. George M. Boss and Walter J. Boss, doing business under the name of Golden State Motor Company. While so engaged in said business said Walter Hodges, as manager, made an application on behalf of the copartnership, namely, Golden State Motor Company, to the motor vehicle department of the state of California for a dealer’s license to buy and sell automobiles, under which dealer’s license the copartnership named conducted and carried on business. On April 3, 1922, respondent, together with one E. N. Moore, entered into a written contract with said Walter Hodges, which recited that respondent and E. N. Moore had purchased and taken over one-half of the assets and liabilities of the said Golden State Motor Company, the copartnership, and under the terms of which they agreed that they employed said…