Gardner

This is an appeal from a judgment in favor of defendant in an action brought by plaintiff, as trustee in bankruptcy of the Knox Automobile Company, to recover the purchase price of a combined hose' and chemical fire apparatus sold to the city by the Vance-Canavan Motor Company, as agents for the Knox Automobile Company. The defendant alleged payment and facts upon which it claimed an estoppel against the plaintiff. The court found that all the allegations of the plaintiff’s complaint were true, excepting those with reference to nonpayment of the purchase price of the apparatus; and also found that the acts of the agents of plaintiff in collecting the amount of plaintiff’s demand from the city were thereafter fully and completely ratified by the plaintiff and constituted full payment by the defendant of plaintiff’s claim. As conclusions of law, the trial court found that plaintiff was estopped from the right to recover against the defendant and that the acts of the agents of plaintiff in collecting the amount of plaintiff’s demand from the city were thereafter fully and completely ratified and confirmed by the plaintiff and constituted full payment of the claim.

The facts of the…