S. A. Woods Machine Co. v. Woodcock

Citations

• 43 Wash. 317
• 86 P. 570
• 1906 Wash. LEXIS 698

Syllabus

<p>Trover and Conversion — Wrongful Sale. In an action against an agent for the conversion of a machine sold and accounted for by the agent, a nonsuit is properly granted on the ground that the agent’s sale was authorized or ratified, and his possession not wrongful, where it appears that, upon being succeeded as regular agent for plaintiff by one Y, with whom he officed, he was empowered to continue to make sales as theretofore, consignments to be paid for on delivery, and to assist Y in making sales; that the machine, shipped to Y, was received, stored and insured by defendant, who immediately notified Y and the plaintiff of such disposition, to which no objection was made, and some months later, upon Y’s authorization, defendant sold the machine, notified Y, who made no objection except as to the application of the proceeds; that defendant accounted to the plaintiff for the proceeds of the sale, less commissions, freight and insurance, and that plaintiff retained the payment, as part recovery “for the value of the machine converted to your own use.”</p> <p>Same — Principal and Agent. Where an agent’s possession Is not wrongful and he has authority to sell, he is not liable to the owner for a conversion in making a sale.</p> <p>Principal and Agent — Authority—Ratification. An owner of property sold by an agent under authority to sell ratifies the sale by accepting part of the purchase money upon a full statement by the agent.</p> <p>Same — Pleading—Variance. In an action for wrongful conversion, where the proof as to the conversion fails, the plaintiff cannot amend to show an entirely different cause of action</p>