McNear

Defendants owned a warehouse at Bonda, near Woodland, and received grain on storage; issuing warehouse receipts therefor. Plaintiff purchased a receipt calling for six hundred and forty sacks of wheat, which defendants claimed was forged and refused to deliver the wheat described in it upon demand of plaintiff. This ac-ion is to recover the sum of seven hundred and sixty-five dollars and five cents, paid by plaintiff as the value of this wheat. The trial was by the court and defendants had judgment, from which and from an order denying motion for new trial tills appeal is prosecuted.

The court found that defendants were engaged in receiving grain on storage in the year 1895 up to August 6 of that year; Frank Gasteiger was defendants’ agent in charge of their warehouse, and was authorized to issue warehouse receipts in the name of defendants for storage of grain; Bobert Eethercott was plaintiff’s agent, and authorized to buy wheat for plaintiff; Gasteiger ceased to receive grain in storage on August 6th, and defendants settled with and discharged him, after which time he had no authority to act for defendants in any capacity. On August 14th Gasteiger was working at baling hay…