Robinson v. Haas

Appeal from tbe District Court of tbe Twelfth District, City and County of San Francisco.

Tbe plaintiff owned a large number of sbeep, and contracted witb O. G. Rood to keep them, for a certain length of time, in Santa Barbara county, upon tbe terms that at tbe end of that time, tbe original number of sbeep should be made good to plaintiff out of the flock; and tbe increase, if any, divided between plaintiff and said Rood.

In 1864, wbicb was a dry season, Rood, by permission of plaintiff, left Santa Barbara county, witb tbe sbeep to seek for pasture. After leaving Santa Barbara County, Rood continually wrote to plaintiff, concerning Ms movements. Finally, in 1865, be returned to California, wbicb be bad left, and arrived at Yisalia in Tulare county. While at Yisalia, Rood sold tbe sbeep to tbe defendant.

Plaintiff having ceased to bear from Rood, made every effort to find him and finally learned that defendant bad purchased a flock of sbeep of him, on tbe thirty-first day of March, 1865. In June, 1865, defendant was informedtbat tbe sbeep belonged to plaintiff. Afterwards tbe plaintiff demanded tbe sbeep of defendant, wbicb demand was refused.

Plaintiff then brought bis action. On tbe trial tbe letters from Rood to tbe plaintiff while be (Rood) was in possession of tbe sbeep, going to show bow be held them, were offered in evidence by tbe plaintiff, and admitted against tbe objection of defendant.

Judgment was for plaintiff and defendant appealed.

Tbe letters written by Rood to plaintiff contain propositions of fact, wbicb are very material to tbe issue. They are:

P. That O. G. Rood moved tbe flock of sbeep be took with him from Santa Barbara County in June, 1864, from place to place, until on tbe 9th day of March, 1865, be bad them at Yisalia.

2. That on tbe 24th day of March, 1865, tbe same sbeep were still in bis possesion at Yisalia, and required shearing.

3. That “a good many,” of tbe original 2,000 ewes and “nearly all” tbe increase, (“my,” tbe writer’s increase,) died on tbe way.

4. That on tbe 24th day of March, 1865, tbe flock numbered 1,700 bead in all; and

5. That Rood considered tbe sbeep as being owned by tbe plaintiff.

Taken in connection with tbe defendant’s admissions to tbe witness Wise, and with bis letter to and draft on tbe witness Earrish, these letters tend to establish the indentitj of the 1,500 sheep purchased by the defendant of Rood, with the flock moved by the latter from Santa Barbara County in June, 1864, if not almost wholly with the 2,000 ewes delivered by the plaintiffs to Rood under that written coutract.