21 Minn. 56 | Minn. | 1874
In July, 1870, the plaintiff contracted to sell to the defendants two hundred barrels of sound flour. The flour delivered under the contract proved on examination to be unsound and damaged; the defendants refused to accept it, and brought suit to recover back the purchase money they had paid. In that action they were successful, and on November 25, 1870, judgment was entered in their favor against the present plaintiff for $1,059.40. Anewtrialwas afterwards ordered; but on appeal to this court, the order granting a new trial was reversed. Knoblauch v. Kronschnable, 18 Minn. 300.
On November 28, 1870, three days after the entry of the judgment, the then plaintiffs, (now defendants,) being about to issue execution, a written stipulation was made and signed by the attorneys of the parties to that suit, whereby it was agreed that the said two hundred barrels of flour should be ■sold at private sale, under the direction of one Toucey, in lots to suit purchasers, the proceeds to be applied in payment of the judgment. It was further agreed that neither the stipulation nor the sale should in any manner affect the ■defendant’s (Kronschnable’s) right of appeal, but that it should have the effect, to all intents and purposes, as if said flour were sold on execution. Pursuant to this agreement, the flour was sold by Toucey to the then plaintiffs (now defendants.) At the time of sale, the flour was in warehouse .at Carver, where it had been stored by the present plaintiff prior to the original contract for the sale of it to the defendants, and where it had ever since remained. The defendants, during the month of December, sold the flour thus purchased by them, in small lots, to different purchasers. This action is brought to recover - damages as for a wrongful conversion of the flour by the defendants.
It is true the stipulation ivas made in good faith; but as the court below instructed the jury, “ the question is one of' authority, not of good faith or propriety. * * The defendant in that action (plaintiff in this) is not bound by the-stipulation or disposition of the flour under it, unless he has in some way, by word or deed, knowingly assented to or-ratified it.”
If the attorney had no authority to stipulate for a sale by Toucey to the defendants, then the defendants acquired no title by such sale, and their subsequent disposition of the property was a wrongful conversion, and the good faith of the transaction is immaterial. The objections to this portion of the charge are not well taken.
There was no error in permitting the witness Hammer to-testify that the flour bought by him of defendants ‘ ‘ was worth about one-half price of good flour,” though he stated immediately afterwards that he did not know what was the-price of good flour. A man may know the relative value, as he may know the relative weight or size of two articles, without knowing the actual value in money, or the actual weight or size, in pounds or feet, of either of the articles compared.
There having been an actual conversion by sale of the property by defendants, no demand was necessary before suit. Upon all the points made by the defendants’ counsel, the-judgment must be affirmed.