Lawson v. Steinbeck

WASTE, P. J.

This action was brought by plaintiff to recover eight hundred dollars, for hogs alleged to have been sold by plaintiff in one lot, and $825 for cattle sold by

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him in another lot, to defendants Steinbeck and Moore, it being particularly alleged that Moore was authorized by Steinbeck to act as Steinbeck’s agent in making said purchases. Steinbeck answered, denying the purchase of the stock, and also denying that Moore was at any time his agent in the matter. No proceedings were taken in the trial against Moore, and plaintiff had judgment against Steinbeck, from which judgment this appeal is taken.

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The lower court found that prior to any of the transactions had between plaintiff and Moore, Steinbeck and Moore had entered into an agreement, to the effect that Steinbeck would pay the owner for all livestock purchased by Moore and shipped to, and received by, Steinbeck, and that he, Steinbeck, would honor drafts drawn by Moore upon Steinbeck, in favor of the seller, in payment for the livestock so purchased and shipped to and received by him. The agreement also provided that Steinbeck would slaughter or otherwise dispose of the livestock, and, after deducting from the proceeds thereof the freight, handling charges, and commission for handling the same, together with the cost of such livestock, would credit the balance of the proceeds to Moore. This agreement, the court found, was in full force and effect during the negotiations between the plaintiff and Moore, and the livestock purchased by Moore from plaintiff and shipped to Steinbeck was received by the latter subject and pursuant to the terms and conditions thereof. Appellant attacks these findings as being without the issues, contending that by the allegations of the complaint and by the testimony plaintiff was seeking to hold defendant Steinbeck liable for obligations incurred through the agency of Moore, whereas the findings, he contends, “can be reasonably construed only as a finding that Moore purchased the livestock as principal.” The evidence, as we construe it, supports and fully warrants the court’s finding. It is, therefore, plain, so far as this phase of the ease is concerned, that the plaintiff was entitled to judgment, for the circumstances of the case at bar are similar to those considered in