Zandbergen v. Burch

*365TANZER, J.

Defendant appeals from a judgment for conversion of a winch. We take the facts from defendant’s brief. Defendant sold his truck to one Broche. Broche installed an electric winch by attaching it to the frame of the truck underneath the truck bed. The winch could not be seen without looking underneath the truck. Thereafter, Broche instructed his employees to remove the winch from the truck, but they did not do so. Broche, thinking that the winch had been removed, sold the truck back to defendant.

Defendant then sold the truck to plaintiff. Neither of them knew that the winch was…