Supreme Court of California
139 P. 815 (Cal. 1914)
Poggi (plaintiff) owned approximately two hundred barrels of wine which he kept in a basement cellar. Poggi first leased the cellar from Judge Mouser, and later from Judge Mouser’s lessee, the Sanitary Laundry Company. Judge Mouser sold the building that contained the cellar to Scott (defendant). Judge Mouser told Scott about Poggi’s lease with the Sanitary Laundry Company. After taking possession of the building, Scott was contacted by two men who said they wished to purchase some empty wine barrels from the cellar. Scott believed the barrels were empty and sold them to the men for $15. The men, however, knew the barrels were full of wine and valuable. They removed the barrels from the cellar and stole the wine. The two men were arrested for theft, and Poggi brought an action for conversion against Scott seeking damages of $2,000. The trial court granted a nonsuit on the ground that Poggi failed to prove conversion. Poggi appealed.
Rule of Law
Holding and Reasoning (Henshaw, J.)
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