Bancroft Co. v. Haslett

Citations

• 106 Cal. 151
• 39 P. 602
• 1895 Cal. LEXIS 583

Syllabus

<p>Conversion of Piano—Pleading—Variance.—In an action for the conversion of a piano the date of the conversion alleged in the complaint is not material, and a variance in proof as to the date, if prior to the commencement of the action, will not warrant a reversal of the cause.</p> <p>Id.—Storage of Piano in Warehouse—Sale for Charges—Findings —Support of Judgment.—In an action for damages for the conversion of a piano, in which the defendants pleaded that the piano was stored with them as warehousemen, and that after due notice to plaintiff it was sold to pay charges, and claimed a balance yet due on account of the charges, findings showing that the piano came into their possession against the plaintiff’s will, that it was not stored because the plaintiff refused to pay the lawful charges upon it, but was stored without authority, that plaintiff demanded its return and was refused, and that thereafter defendants converted it to their own use, are sufficient to sustain a judgment for the plaintiff, and to negative the claim of defendants, and additional findings, which would not affect the judgment nor afford defendants any relief, are not required.</p>