Alonso v. Badger

WHITE, J.

Plaintiffs commenced this action against defendants to recover the value of some 548 head of lambs allegedly sold for the sum of $2,740. For reasons that will hereinafter appear, defendant Stanford filed a cross-complaint wherein he joined one John Montes as a party. The issues framed by the cross-complaint are not before us on this ap

[754]

peal for the reason that cross-defendant Montes defaulted and judgment was entered against him and in favor of defendant and cross-complainant Stanford for $2,590. At the trial upon the issues raised by plaintiff’s complaint and defendants’ answer the court rendered judgment in favor of the former for $2,740. From such judgment defendant E. C. Badger, doing business as Badger Livestock Commission Company (hereinafter referred to as Badger) alone prosecutes this appeal.

As to the factual background surrounding this litigation, the record discloses that appellant Badger is a licensed livestock commission broker operating at the Union Stockyards in Los Angeles. Defendant Stanford is .a livestock dealer, carrying an account with appellant Badger and using the latter’s brokerage facilities, which permitted him when purchasing livestock from various growers to execute a draft drawn on appellant Badger, on a printed form of draft furnished by the latter, with a bill of sale attached, wherein title to the livestock purchased by the defendant was conveyed to appellant Badger. The latter would pay the draft, receive the bill of sale, then in turn sell the livestock to a packing

company;

would receive payment from such packing company, after which payment he would charge .the account of the broker Stanford with his commission, for the amount of the draft, trucking and other expenses, and then credit bis account with the amount realized from the sale to the packing company.

Respondents herein are sheep growers in the vicinity of Tia Juana, Mexico.

In narrating the testimony with reference to the particular transaction with which we are here concerned, we shall set forth the evidence in a light most favorable to the findings made by the court and the judgment predicated thereon as we are required to do on appeal, where every intendment is in favor of the findings made. Bearing this rule in mind we think it may fairly be said that contained in the record is evidence that on May 8, 1941, defendant Stanford selected from the flocks of respondents 548 head of lambs. There is evidence that cross-defendant Montes and respondents Izuel and Alonso participated in such selection, but the presence of Montes upon this occasion is denied by respondent Izuel. The Iambs were loaded on trucks and the parties met at the