United States Credit Bureau, Inc. v. Cheney

ROTH, P. J.

— Appellant, the assignee of Southern California Edison Company (Edison), brought this suit to recover money owed for electric power furnished to respondent John M. Cheney. Appellant was awarded judgment for power fur

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nished to Ranch 1. The claim for power supplied to Ranch 2 was denied. This appeal is from the judgment denying appellant recovery for any money owed for power supplied to Ranch 2.

The complaint was filed against John M. Cheney and Milford Cheney. John is the son of Milford. Milford had, prior to the trial, gone into bankruptcy and was insolvent. Milford was retained as a defendant in the action to enable appellant to examine him under section 2055 of the Code of Civil Procedure. Prior to judgment, the action was dismissed as to him.

The record shows that on March 24, 1958, an application for power to be supplied for respondent John M. Cheney’s ranch property (Ranch 1) was filed with Edison by respondent’s father, Milford Cheney. The application was signed “John M. Cheney by Milford Cheney, Partner.” Milford testified he was asked by the Edison employee to add the designation “partner.” There is no evidence showing that respondent had knowledge of the use of the word “partner.” On December 1, 1958, Milford filed a second application for power to be furnished to a different parcel of land (Ranch 2) which had been leased to Milford. There is no evidence showing that John had any interest in this property. The second application was signed “John and Milford Cheney by Milford Cheney.” The same Edison employee accepted both applications.

Respondent admitted that he authorized his father to sign for him on Ranch 1, although he denied that he authorized him to sign as “partner.” He paid the electric bills for the power supplied by Edison to Ranch 1 between March and December 1958.

The trial court found that respondent and his father did not operate Ranch 2 as partners or in any joint capacity except that respondent worked on Ranch 2 from time to time for his father. The court further found that respondent did not authorize his father to sign the second application; that since the word “partner” was missing from the second application, it was the duty of Edison to verify Milford Cheney’s authority to sign the second application; “That as to ‘Ranch No. 2’ it was the responsibility of [Edison] to make some sort of a check to determine whether Milford Cheney had the authority to sign for his son and co-defendant, John M. Cheney, and further, that Milford Cheney, as to ‘Ranch No. 2,’ never did have the authority to bind his son and co-