Clark v. Rush

Citations

• 19 Cal. 393

Syllabus

<p>Plaintiff held a public sale of cattle on Ms farm.—the terms being cash, or notes with approved sureties at sixty days. Defendant bid off two bulls for two hundred and three dollars. The bulls remained on plaintiff's farm at defendant’s request, and subject to his control, plaintiff agreeing to keep them until a particular time, when defendant was to send for them, and the persons in charge of them were directed to deliver them to defendant when called for. About two weeks after the expiration of tMs time, defendant sent for the bulls, but meanwhile they had died. Rb cash was paid nor any notes given for the bulls. Plaintiff sues for the price bid : Held, that there was such a delivery and acceptance of the bulls as to complete the sale; that the circumstances were such as to authorize the inference of change of ownership; and that plaintiff, in taking charge of the cattle after the sale, acted simply as agent of defendant, and is entitled to recover.</p> <p>It was not necessary that the cattle should have been actually removed from plaintiff’s farm. It was sufficient that there were circumstances authorizing the inference of a change of ownership ; and it was for the jury to draw this inference, and it was competent for them to consider any and all acts of the parties tending to prove that the defendant had acquired and assumed control of the cattle as owner.</p> <p>In connection with these acts, and in explanation of them, the declarations of the parties showing the nature of their agreement were admissible in evidence.</p>