Norton v. Lyon Van & Storage Co.

FRICKE, J.,

pro tem.

Appeal by plaintiff from a judgment following the granting of defendants’ motion for a non-suit.

For simplicity the respondent companies, one being the successor of the other, will be referred to herein merely as the “storage' company”. Appellant stored certain furniture and other personal property with the storage company on about June 2, 1930, under an agreement whereby appellant, in addition to a handling charge of $4 and a cartage charge of $5, agreed to pay a storage rate of $4 per month. Shortly thereafter a warehouse receipt was sent by mail to appellant, whose address was then 2316 West Tenth Street, Los Angeles. Nothing was paid' by appellant to respondents for a period of nearly eighteen months, and no attention was paid by him to the bills sent him during this period. On November 14, 1931, the storage company notified appellant that unless payments were made his goods would be sold, and thereupon appellant on December 9, 1931, made a payment of $20 on the account. No further payments being made, the storage company on May 2, 9 and 16, 1932, published a notice of sale of the property for unpaid storage in the Los Angeles Daily Journal, and sent a copy of this notice by registered mail to appellant at 2316 West Tenth Street, Los Angeles, that being the last address of appellant known to respondents. The notice was returned by the postoffice with the notation, “Moved. Left no address.” On May 26, 1932, the goods were sold by the

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storage company for $95.31, the amount of the unpaid storage charges, to respondent Burns, an employee of the storage company, but were not removed from the warehouse and have remained there at least up to the taking of this appeal. On July 5, 1932, appellant wrote the storage company requesting a statement of his account, and two days later received a reply advising him that his goods had been sold to pay an unsatisfied storage bill of $95.31. Thereafter appellant went to the warehouse in person. He was informed that he could secure a return of his goods if he would pay the storage charges and costs and expenses of sale. Appellant secured a check for $96, signed by his sister and payable to his order, and went to a branch- office of the storage company but when informed by Mr. Burns, the company’s representative, that the matter could not be adjusted without authority from the Hollywood office, appellant picked the check up from the counter where he had previously laid it and left taking the check with him.