Gardner v. City of Glendale

NOURSE, J.

This is an appeal from a judgment in favor of defendant in an action brought by plaintiff, as

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trustee in bankruptcy of the Knox Automobile Company, to recover the purchase price of a combined hose' and chemical fire apparatus sold to the city by the Vance-Canavan Motor Company, as agents for the Knox Automobile Company. The defendant alleged payment and facts upon which it claimed an estoppel against the plaintiff. The court found that all the allegations of the plaintiff’s complaint were true, excepting those with reference to nonpayment of the purchase price of the apparatus; and also found that the acts of the agents of plaintiff in collecting the amount of plaintiff’s demand from the city were thereafter fully and completely ratified by the plaintiff and constituted full payment by the defendant of plaintiff’s claim. As conclusions of law, the trial court found that plaintiff was estopped from the right to recover against the defendant and that the acts of the agents of plaintiff in collecting the amount of plaintiff’s demand from the city were thereafter fully and completely ratified and confirmed by the plaintiff and constituted full payment of the claim.

The facts of the case are that in May, 1913, plaintiff’s agents, the Vance-Canavan Motor Company, procured from the city of Glendale a contract for the purchase of certain fire apparatus from the Knox Automobile Company. Thereafter the latter company was adjudged bankrupt and the plaintiff was appointed trustee of its estate. The apparatus was constructed according to specifications under his direction, and on September 19, 1913, he addressed to the city of Glendale a letter stating that he was shipping the apparatus to his agents for delivery to the city and requested that the payment be made directly to him and not to his agents. Four days later plaintiff shipped the apparatus to his agents, and at the same time addressed them a letter inclosing an invoice, which read in part as follows: ‘1 Sold to Vance-Canavan Motor Car Co., Los Angeles, Cal, 1 Model M 3 Combination #5240 $6250.00. Less 20%, $1250.00, $5000.00. Less 5%, $250.00, $4750.00. For Glendale Fire Dept.” The apparatus was received by the agents in Los Angeles, who paid the freight thereon. When delivery was tendered to the city authorities they exhibited to the agents plaintiff’s letter of September 19th directing that payment be made to the receiver, whereupon the agents declined to make delivery. The time for delivery specified in the