Calpetro Producers Syndicate v. Chas M. Woods Co.

This is an action upon an implied guaranty of title upon the sale of personal property. Defendant had judgment. Plaintiffs have appealed.

The appeal is determined by the proper application of a rule of evidence. Plaintiffs purchased from the defendant upon April 6, 1923, under a written conditional sales contract, certain oil-drilling machinery, which contract not only on its face shows that the writing contained all the terms and conditions of sale and purchase, but in it is found a clause making this fact certain, which reads as follows:

It appears, however, that prior thereto and on or about 'January 3, 1923, defendant herein had, under a like contract, agreed to sell this identical personal property to one J. E. O’Hea. However, on the said sixth day of April, 1923, said O’Hea was, by the district court of the United States for the southern district of California, declared a bankrupt. Soon thereafter the trustee of said bankrupt made claim to the personal property involved in this action by reporting it as a part of the assets of said estate and posting notices upon the property itself.

Thereafter, and on or about April 16, 1923, appellants herein, acting presumably under a…