Opinion
Appeal from the District Court of the Twelfth Judicial District, San Francisco County.
COUNSEL:
1. The sale by Heatly to Thomas conveyed nothing, and the purchase money paid by Thomas may be recovered back. Canal Bank v. Bank of Albany, 1 Hill, 287. Young v. Cole, 3 Bingh. N.C. 724. Wilson v. Milner, 2 Campb. 452. Gardner v. Gray, 4 Ibid. 144. Ibid. 169. 6 Taunt. 108.
2. Heatly is liable because he acted in the capacity of agent for a foreign principal. Story on Agency, § 268, et seq.
Burritt & Gorham, for Appellant.
C. Temple Emmett, for Respondent.
Howeverdefective may be the title which Thomas acquired by this sale, in the face of the facts as given, Heatly, the agent, cannot be held answerable for it. 2 Kent's Com. 630, and cases cited. Story on Agency, §§ 153, 154, et seq., and notes, and § 300. Dunlap's Paley on Agency, 181 and note. Rathbone v. Budlong, 15 Johns. 1. Emerson v. Providence Hat Manuf. Co. 12 Mass. 237. Dubois v. Del. & Hud. Canal Co. 4 Wend. 285.
JUDGES: Heydenfeldt, J., delivered the opinion of the Court. Bryan, J., concurred.
OPINION
HEYDENFELDT, Judge
The plaintiff knew as well as the defendant the condition of that which he purchased. It does not appear that he was in anywise disturbed in his rights by the seizure on attachment. We cannot upon this record decide what the plaintiff obtained by his purchase; but if it should avail him nothing, he has no right of legal complaint against Heatly, who was an innocent agent, and had already parted with the money of his principal, which he obtained by virtue of the sale to Thomas.
Judgment affirmed.