Reguera v. Calderon

McNally, J. (dissenting).

This action is in conversion. Plaintiff’s assignor, Aceites Roig, S. A., in September, 1959 owned 50,000 kilos of Spanish pure edible olive oil located in Spain. Roig employed Jose M. Calderon, Inc. to sell the olive oil in the United States of America. J ose sold the oil on September 4,1959 to Pompeian Olive Oil Corp. of Baltimore. Pompeian rescinded the purchase because of delayed delivery. On December 15, 1959 the title documents to the oil were delivered *375to William H. Masson, Inc. of Maryland. Masson was customs broker for Jose. Roig had instructed Jose to sell…