Horr v. Barker

Citations

• 11 Cal. 393

Syllabus

<p>Hutchinson v. Bours et al. (6 Cal. B. 383) affirmed.</p> <p>The rule that a factor cannot pledge the goods of his principal is, in this State, confined to technical factors, when the rights of third parties are involved.</p> <p>When A has six hundred barrels of flour on storage, and he sells to B one hundred, to C two hundred, and to D three hundred, and gives each a delivery order upon his warehouseman, and the purchasers all surrender their several orders to the warehouseman, without making any separation of each lot from the common mass, but voluntarily leave the flour standing on the books of the warehouseman to the credit of each purchaser for his proper number of barrels, it is a complete delivery to each purchaser and will pass the title to each.</p> <p>The separation by the purchasers of their various lots is a mere matter of convenience among themselves, not affecting their rights as to their vendor or a mere trespasser.</p>