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19 Cal. 61

Gluckauf v. Urton

California Supreme Court

Decided July 1, 1861

California Supreme Court · decided 1861-07-01

‘ Replevin for four mules and their harness, with damages for their detention—the complaint alleging, among other things, that defendant had conspired with one Davis, and Requa, the teamster of plaintiff, and thus wrongfully got possession. The answer denies the allegations of the complaint, and sets up title to the property by purchase from Davis.

Decided 1861-07-01

Baldwin, J. delivered the opinion of the Court

¶1—Cope, J. concurring.

¶2We put a different construction on the facts found by the learned Judge below from that placed on them by him. If Davis called on the plaintiff to know whether the mules had been paid for, so that he might sell them to defendant—there being unsettled accounts between the plaintiff and Davis—and plaintiff then said to Davis, “ Let Urton have them,” taking this remark in connection with the accompanying circumstances, it would seem to be an assent and authorization of a sale to Urton by Davis of the property as that of Davis, and of course, upon such terms as Davis and Urton might agree on.

¶3Judgment reversed arid cause remanded for a new trial.

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