Campbell

This is an action to recover personal property, consisting of automobile tires and tubes, in which action the plaintiff claims the delivery of the property and it ivas given into his possession prior to the trial. The ease was tried before a jury, which returned a verdict in favor of the defendant for the return of the property and fixed its value at $30,000. Judgment was entered accordingly and the plaintiff has appealed. The plaintiff is the assignee and agent of the Falls Rubber Company, which will be referred to herein as the company.

By the terms of a consignment agreement between the company, as party of the first part, and the defendant, as party of the second part, dated September 28, 1922, the latter became the del credere agent, or factor, of the former in Los Angeles and surrounding territory “solely for the sale on commission of the consigned tires and tubes of its manufacture.” Some of the terms of the agreement are as follows:

The company made large shipments of tires and tubes to the defendant and as he sold them he made weekly reports to the company. Commencing in February, 1924, he sent with the reports his trade acceptances in payment of goods sold. In June,…