Lehmann v. Schmidt

Citations

• 3 Cal. Unrep. 187
• 22 P. 973
• 1889 Cal. LEXIS 1113

Syllabus

<p>Factors—Lien—Conversion.—Defendant Agreed to Sell plaintiff’s wine at a certain net price, the excess to be divided equally between them. After receiving a part thereof, and making advances to plaintiff thereon, and paying freight, in accordance with the agreement between them, defendant refused to receive any more; and, before any of the wine had been sold, plaintiff demanded a return of that which defendant had received, without offering to pay back the money which defendant had advanced and expended for freight. Held, that under Civil Code, sections 2026, 3051, 3053, defining a factor, and giving him a lien on the property placed in his hands for money advanced' and expended, defendant was a factor, and had a lien on the wine, and a right to retain it, so that his refusal to comply with the demand did not constitute a conversion.</p>