Carter

This is an action to recover an automobile, or its value—alleged to be $600—together with damages for its detention. From a judgment in favor of defendant plaintiff appeals, contending that the uncontradicted evidence shows him to be entitled to the automobile and that the findings to the effect that he is neither the owner nor entitled to possession are not supported by the evidence.

Robert J. McNabb was engaged in the business of selling second-hand ears at Lamada Park, in Los Angeles County. Some time between the 16th and 20th of June, 1920, plaintiff left his car with McNabb for the purpose of finding a purchaser. McNabb sold and delivered it to defendant. Plaintiff, claiming that McNabb exceeded his instructions, and that, therefore, the title to the car did not pass to defendant, claims the right to redelivery.

The further facts, so far as they are pertinent to the inquiry, are substantially as follows: McNabb testified that he is “a garageman and a used-ear agent”; that at the times in question he was in the used-ear business—selling used cars, both Ms own and those belonging to other persons which were left on consignment with him; that the cars were usually displayed on…