California Cured Fruit Ass'n v. Ainsworth

Action for Conversion—Interest Limited „ to Percentage—Breach of Contract to Deliver Prunes—Damages not Within Jurisdiction. — A complaint which sets forth a contract limiting the interest of the plaintiff in a crop of prunes, to be delivered by the defendants to the plaintiff at its packing-house, to two per cent of the prunes, and alleging a breach of the contract, and a conversion by the defendants of the entire crop of prunes, of the alleged value of seven hundred dollars, shows only a cause of action for the recovery of fourteen dollars damages, which is not within the jurisdiction of the superior court, and a demurrer thereto for want of jurisdiction of the subject-matter was properly sustained, and the action dismissed.

Id.—Measure of Damages for Conversion.—Where the plaintiff is the general owner, or is accountable over to a third person for goods converted, the measure of damages is their value at the time of the conversion; but if the plaintiff has only a special interest or limited property in the goods, he can recover from the owner of the remaining interest only to the extent of his interest therein.

Id.—Circuity of Action—Policy of Law—Accountability of Plaintiff as Trustee—Breach of Contract for Possession.—To avoid circuity of action, it is the policy of the law that the rights of both parties shall be settled in one action; and where, if the contract were carried out, the plaintiff would be accountable as a trustee of the defendants for their interest in the property, hé cannot recover the value of such interest, notwithstanding their breach of an agreement for possession thereof by the plaintiff.