Argenti v. Brannan

Citations

• 5 Cal. 351
• 1855 Cal. LEXIS 140

Syllabus

<p>C. sold a lot of lumber to B., and A. who claimed it, notified B. that the lumber belonged to'him, and brought an action to recover the price. Held, that the notice and the form of action recognized the right of 0. to sell the lumber.</p> <p>There was no privity of contract between the plaintiff and the defendant. C. was pro tanto the agent of A., and was entitled to collect the price, and the mere notice of A. to B. was insufficient to interrupt the completion of the performance of the contract between 0. and B.</p>