Christian v. Rice Growers Assn.

TUTTLE, J.

This is an action brought by Christian Bros., a copartnership, as plaintiffs and appellants, against the Rice Growers Association of California, a domestic corporation, as defendant and respondent, under the common counts, for goods, wares and merchandise sold and delivered, to wit, sacks and twine delivered by the plaintiffs and appellants to Herman Kalfsbeek and Ray C. Tolson, at the request of the defendant and respondent Rice Growers Association of California. Findings were made in favor of defendant upon all issues, and it was adjudged that plaintiff take nothing by said action. The appeal is from the judgment.

The chief contention made by appellants is that the evidence is insufficient to support a finding to the effect that one L. L. Hyde had no authority to bind respondent in the matter of the payment for bags, sacks and twine furnished by appellants.

The evidence shows that Hyde was a licensed agent for respondent under section 1261 of the Agricultural Code, which reads as follows:

“The term ‘agent’ means any person who, on behalf of any

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commission merchant, or dealer, or broker receives contracts for or solicits

any farm products

from a producer thereof or who negotiates the consignment or purchase of

any farm product

on behalf of any commission merchant, dealer or broker.” (Italics ours.)

The undisputed facts show that the appellants for some time had supplied bags, sacks and twine to Kalfsbeek and Tolson who were engaged in growing rice, and had become apprehensive about being paid for the merchandise. About October 27, 1937, meeting L. L. Hyde, a representative of the respondent, George Christian, one of the appellants, advised Hyde of the situation. Hyde requested Christian to deliver the sacks to Kalfsbeek and Tolson. At the same time Hyde presented Christian with what Hyde referred to as an “order.” Christian never read this document, but following Hyde’s advice he took it to Tolson who signed it. Thereupon appellants delivered the merchandise. On February 7, 1938, several months later, appellant wrote to the respondent requesting payment and was informed on February 24, 1938, for the first time, both orally and by letter, that the respondent did not consider itself responsible for the obligation. In the latter part of January or the early part of February, 1938, appellants received a draft from the respondent in the sum of $30, with a notation “in full payment of amount to be applied on account of Kalfsbeek and Tolson, 1937 crop.” This draft was never cashed. The respondent had advanced money from time to time to Kalfsbeek and Tolson for the purchase of seed, and was handling their crop. Respondent paid warehouse, hauling and drying charges. The rice crop was delivered to respondent. The merchandise was delivered by appellants to Kalfsbeek and Tolson and was used by them in handling the rice crop delivered to respondent. This delivery was made after the conversation between Hyde and appellant Christian, and after Christian had refused to deliver any sacks to the account of Kalfsbeek and Tolson. The merchandise was of the value of $1,180.40. The appellants called no witnesses on the issue of Hyde’s authority, other than Hyde himself, and his testimony in reference to his duties and authority is sufficient to sustain the findings. Hyde testified: