Kimball

This is an appeal from judgment after verdict in favor of plaintiff for $1,677.50 as damages for the conversion of twenty-five tons of corn. The facts material to the opinion are that for some time prior to May 23, 1918, Plenry P. Pierce, Lyda N. Swenson, and N. L. Pierce were partners for the purpose of raising a crop of com planted by them on the Bradley ranch, in Contra Costa County. On the said day while the corn was planted, but not yet harvested, one of the partners, Henry P. Pierce, entered into an agreement in writing to sell to the plaintiff twenty-five tons of the com from said crop for $1,000. This agreement was made with the knowledge and consent of the two other partners, and payments were made in accordance with its terms to the said Henry P. Pierce. The final payment was made by check mailed by the plaintiff from some place in Texas. A few weeks after the payment was- made plaintiff met Henry P. Pierce and asked him if the check had been received. Pierce replied in the affirmative and told plaintiff then that “the com was his.” Thereafter and in the month of January, 1919, plaintiff asked the said Pierce about the com he had purchased and Pierce replied that it…