Williams v. Borgwardt

Citations

• 119 Cal. 80
• 51 P. 15
• 1897 Cal. LEXIS 854

Syllabus

<p>Sales—Statute of Frauds—Lack of Delivery and Change of Possession— Title ofV bndee—Transfer—Possession Taken by Bon a Fide Purchaser. A sale of personal property, though not folio wed by an im mediat e delivery and actual and continued change of possession, as required by section 3440 of the Civil Code, is not a nullity, but is good against all the world except the creditors of the vendor, and is good against them also except when attacked in legal proceedings for the collection of their debts; and the vendee, being the owner, can convey title thereto, and the purchaser would, in any event, acquire a title good against all the world except the creditors of the original vendor, and against them also if he was a purchaser in good faith, for value, and without notice of their claims, and had finally acquired possession of the property prior to the seizure of it, under attachment by them.</p> <p>Id.—Sale of Personal Property by Agent—Power of Attorney not Exclusive of Other Authority—Evidence—Finding.—Although a sale of personal property by an agent for the vendor may not be authorized by a written power of attorney given to the agent, it is not necessary that the authority to make the sale should be found in that instrument, nor could its provisions limit the power of the vendor to direct the sale in other modes; and the court may find that the authority of the agent existed in fact upon testimony to that effect.</p> <p>Id.—Construction of Code—Transfer of Property not in Possession of Vendor.—Section 3440 of the Civil Code, requiring an immediate delivery and actual and continued change of possession of property sold, has no application where the property is not in the possession nor under the control of the vendor at the time of the sale; and it is sufficient if the vendee subsequently obtains possession of the property, as against creditors of a prior owner of the property, who sold to such vendor without delivery of possession.</p> <p>Id.—Purchase for Value—Pres