Gosliner v. Grangers' Bank of California

Citations

• 124 Cal. 225
• 56 P. 1029
• 1899 Cal. LEXIS 975

Syllabus

<p>Principal and Agent—Ostensible Agency—Belief of Authority.— He who seeks to charge a principal with the acts of an ostensible agent must himself believe that the agent had authority as such from the alleged principal.</p> <p>Id.—Ostensible Agency of Purchaser fob Mortgagee—Goods Charged to Purchaser—Finding.—An action for goods sold and delivered cannot he maintained against a mortgagee of the purchaser, oh the ground of ostensible agency of the purchaser for the mortgagee, from whom the money was borrowed by the purchaser to carry on the business in relation to which the goods were sold, where it appears that the plaintiff knowing the relations between the purchaser and the mortgagee, charged the goods to the purchaser, and not to the mortgagee. In such ease, a finding against the ostensible agency is supported by strong evidence tending to show that plaintiffs did not believe that the goods were purchased for the mortgagee.</p> <p>Id.—Incidental Benefit to Mortgagee.—The incidental benefit to the mortgagee arising from the delivery to the mortgagee of crops grown and harvested by the purchaser which were the subject of the mortgage, and from the furnishing of the goods to the purchasers, to enable them to grow, mature, and harvest the crops so delivered, though having some weight as evidence, in connection with other circumstances, to show the existence of a contract, express or implied, made by the mortgagee or through his agent to pay for the goods, is not sufficient, standing alone, to base a right of action against the mortgagee for goods sold and delivered.</p>