240 F. 121 | 9th Cir. | 1917
The appellee confirms the testimony of Peavy, and other witnesses, among whom were two of the directors of the association, corroborate both in part. There is nothing in the record in disparagement of this testimony, except that the property was thereafter treated by the association- as an asset thereof, and further the minutes of the board of directors of the association show that four of the horses were purchased by it, the terms stated therein being that they were purchased at a consideration named, one-half due in six months, one-fourth in nine months, and the balance in one year, without mentioning that the pur
A careful survey of the testimony can lead to but one conclusion, and that is that there was a verbal conditional sale of the horses by the appellee to the Dairy Association, the legal title to remain in appellee until the property was paid for, and that no title passed to the association by reason of its not having paid the purchase price. If it be argued that it has not been shown that the president of the association was authorized to make the purchase in behalf of the association, it may'be answered that as to part of the horses there was a ratification of the purchase by action of the board of directors. True, the statement of the terms of purchase in the minutes does not correspond wholly with the terms as claimed by the appellee. But the minutes should be read in the light of the entire evidence, and, when so read, they must, where seemingly contradictory, give way to the true intention of the parties, which we believe was truthfully indicated by the testimony of Peavy and the appellee.
Serrano and Kimball, two of the directors of the association, say that the matter — that is, the contract between Peavy and the appellee — was brought to the attention of the board of directors, and that they took action on it.
The order and judgment of the District Court is as favorable to appellant as he could expect.
Affirmed.