Goodwin

Action for the recovery of damages for defendants’ alleged conversion of an automobile. Plaintiff had judgment, from which defendant Moore has appealed.

While there is some conflict in the evidence, it sufficiently appears therefrom that plaintiff was in the rightful possession of the car as a purchaser thereof from the registered owner; that on or about September 18, 1919, he, for the purpose of having it shown to defendant R. B. Moore, who was represented to be a prospective buyer, permitted H. K. Goodwin to drive the same to Moore’s place of business for exhibition. No authority, however, was given Goodwin to sell or deliver the car to Moore, but it was to be returned to plaintiff. Notwithstanding the fact that he was without authority so to do, Goodwin sold and delivered the car to Moore.

Upon the facts so established, there is no merit in appellant’s contention that Goodwin was clothed with the authority of a factor which, as defined by section 2026 of the Civil Code, is “an agent who, in the pursuit of an independent calling, is employed by another to sell property for him, and is vested by the latter with the possession or control of the property.” Having, as appears from…