Dodwell & Co. v. Los Angeles Warehouse Co.

On February 17, 1925, plaintiff delivered to Los Angeles Steamship Company, at San Francisco, four cases containing thirty-four Chinese rugs consigned to plaintiff at Los Angeles. The evidence shows that Cyrus A. Hasty arranged with plaintiff for the shipment, and that the cases were to be put in a warehouse belonging to defendant upon arrival and a warehouse receipt-issued to plaintiff. The latter expected they would be so warehoused as to make it possible for Hasty to display the rugs to prospective customers, and if a sale was made Hasty was to get a delivery order from plaintiff, it being understood that the rugs would be sold for cash, or if on credit it was to be subject to plaintiff’s approval of the purchaser. Hasty was to pay the storage charges, under this verbal agreement with plaintiff. Pursuant to this plan Hasty conducted the negotiations with defendant under which the warehousing was done. In some way not disclosed by the evidence, but evidently with plaintiff’s consent, in view of the fact that the goods were consigned to it and the bill of lading was its own, Hasty warehoused the goods on March 6, 1925, in accordance with his verbal agreement with plaintiff,…