Firestone v. Wahl

MUSSELL, J.

This action was brought to recover the purchase price of 60 tons of fertilizer and 20 tons of Ammo Shell sulphate delivered to defendant’s ranch in Kern County.

The trial court found that between January 21, 1953, and January 30, 1953, plaintiffs sold and delivered to defendant 40 tons of fertilizer of the reasonable value of $3,090; that it was not true that the defendant ordered an additional 20 tons of fertilizer and 20 tons of Ammo Shell sulphate; that said additional fertilizer and sulphate were ordered by John A. Wahl, defendant’s son; that it was not true that the defendant paid $800 on his account but that the $800 alleged in the complaint to have been paid to his account by John Wahl was paid by his son on account of the fertilizer purchased by him. Judgment was entered in favor of plaintiffs for $3,090, interest and costs, and defendant appeals.

In 1950 appellant leased his ranch to his sons, Earl and John A. Wahl, who operated as partners under the name of “Wahl Bros.,” and farmed the land in 1951 and 1952. At the end of the 1952 crop year the partnership was dissolved and the land was leased to and farmed solely by John A. Wahl.

In 1945 one Isaac Gunther became the owner of and thereafter and until January 5, 1953, conducted a farm machinery, seed and fertilizer sales and service business in Bakersfield under the name “Growers Supply Company.” On January 5, 1953, Gunther sold his business to plaintiffs and until that time appellant was a customer of his and did business with him regularly. On December 8, 1952, appellant signed and delivered to Gunther a purchase order for 40 tons of fertilizer to be shipped to his son, John A. Wahl, at a later date. In this connection Gunther testified that this order was taken by him for appellant’s account; that appellant then had an account with the Growers Supply Company and that he, Gunther, had no John A. Wahl account on his books; that

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he introduced appellant to E. E. Firestone, one of the purchasers of his business, and told Firestone that appellant was the man that “ordered the fertilizer order”; that appellant did not at that time inform Firestone that he was an agent of his son, John A. Wahl, or that it was to be charged to him.