Dubois

Action to recover damages for the conversion of one hundred and twenty cords of wood.

On October 12, 1894, John A. Meyer and his wife entered into a contract with two Japanese, by which the latter agreed to cut wood on land belonging to the former. The Japanese on the same day leased from T. D. Scriver a portion of his land, and by the agreement they were to haul the wood from the land where it was to be cut and pile it upon said leased land, and retain the possession of the wood until the price for cutting the same should be fully paid. Subsequently there was a *292 change in the agreement as to the hauling, it being modified, verbally, so that the hauling might be done by the Meyers, and they were to be allowed a reduction therefor. Under the agreement, about one hundred and twenty-six cords of wood were hauled prior to November 20, 1894, and piled by Scriver’s direction in two tiers outside and along and near his fence. On November 20,1894, while the wood was so placed, the Meyers, for the purpose of raising money to pay the Japanese, borrowed the sum of two hundred and twenty dollars from ths plaintiff, delivering to him their promissory note therefor; and, at the same time,…