Richlin

This is an appeal from a judgment in favor of the plaintiff and against the defendant and appellant bank in the sum of $2,862.50 together with interest from January 26, 1920. The action is one for the conversion of certain machinery and iron material in which the plaintiff is alleged to have had an interest to the extent of the amount of the judgment. The facts substantially are as follows: Prior to and at the time of the transactions in question the defendant D. Polen was engaged in the auction business on Hill Street, in the city of Los Angeles, under the name of Be Luxe Auction Company. One E. C. Eddie was the owner of a considerable quantity of machinery and iron material including the personal property involved herein and which was located at 707 Antonio Street in said city. Polen was negotiating with Eddie for the purchase of said property with a view of the resale thereof at auction or otherwise and paid a deposit of $50 on account of the purchase price of $6,000. Polen interested the plaintiff in the enterprise and the two, under date of November 12, 1919, entered into a partnership agreement limited to the purchase and sale of said property. By this agreement the…