Loose v. Stanford

Citations

• 5 Cal. Unrep. 366
• 44 P. 1058
• 1896 Cal. LEXIS 1109

Syllabus

<p>Sale—Evidence—Appeal.—Plaintiff, While His Mare was on the ranch of defendant’s decedent, entered into negotiations for its sale to decedent, through an agent authorized to sell only the mare. Subsequently, after the mare had given birth to a colt, the agent testified that he sold both to decedent, the communications between the parties being by telegraph. Plaintiff permitted decedent to retain possession of the colt for twelve years, during the first three of which the colt developed as a wonderful trotter, and, during the time, asked decedent to give him an additional sum as a gratuity, on account of his good luck in the purchase. Held, that a finding that plaintiff sold both the mare and colt to decedent would not be .disturbed.</p>