Tracy

Respondent instituted this action to recover the sum of $510 from appellant, being money paid him by Harold Tracy, deceased, then a minor under the age of eighteen years, as the purchase price of an automobile. Judgment was rendered in his favor.

The case was submitted to the trial court upon an agreed statement of facts from which it appears that on June 10, 1926, Harold Tracy was of the age of sixteen years and that Percy Tracy was the duly and regularly appointed and acting guardian of his person and estate. The guardian had the sum of $576.51, belonging to the minor, on deposit in a bank in the city of Tulare. Appellant owned and operated an agency for the sale of automobiles and Harold Moffet was employed by him as a salesman. The minor went with Moffet to the home of Percy Tracy, the guardian, and tried to get his permission for the purchase of an automobile by the minor from appellant with guardianship funds. This permission was refused by the guardian.

About June 18, 1926, the minor forged the name of his guardian to a withdrawal slip on which he obtained $510 of the guardianship funds from the bank, which he placed in the form of a cashier’s check, with which he…