Carstens Packing Co. v. Miller

SHINN, J.,

pro tem.

Defendant appeals from a judgment for damages resulting from an alleged breach of contract to purchase 138,000 pounds of hog hair. The contract was in the form of correspondence between plaintiff, operator of packing houses at Tacoma and Seattle, and defendant, a processor at Los Angeles of curled hair. This correspondence was initiated by defendant personally in February, 1929, and concluded by R. S. Braun, an employee of defendant, in June of the same year.

Appellant’s first contention is that he did not authorize or have knowledge of Braun’s purchase of the goods and that he did not ratify the purchase, all of which issues the court found in plaintiff’s favor. These findings, in our opinion, are not without support in the evidence. Defendant spent most of his time at a ranch located near Los Angeles, but came in to his place of business at least once a week. He testified that during his absence Braun had charge of the business. Braun testified that he discussed with defendant the matter of the delivery of the goods purchased shortly after the contract was made. This evidence and corroborating circumstances, together with defendant’s acceptance and payment for part of the goods covered by the contract, to be discussed later, led reasonably to the court’s conclusion that Braun’s acts were not unauthorized. .Even though the trial court had been in doubt as to defendant’s actual knowledge of Braun’s acts in the conduct of the business, we think defendant could not have escaped liability for those acts in view of the fact, as testified to by defendant, that Braun had charge of the business the greater part of the time. The contract with plaintiff was within the scope of the apparent authority which defendant allowed Braun to assume and exercise. It would be unjust to allow defendant to shift the loss occasioned by his own acts to the plaintiff, who dealt with Braun in good faith, rightfully assuming that Braun was defendant’s duly authorized agent.

{Henry Cowell Lime & Cement Co.

v.

Farmers & Merchants Nat. Bank of Santa Cruz,

82 Cal. App. 519 [255 Pac. 881];

Producers Fruit Co.

v.

Goddard,

75 Cal. App. 737 [243 Pac. 686].)

It was not necessary that Braun’s authority should be evidenced by a writing. On May 29, 1929, in the name of