California Stearns Co. v. Treadwell

JOHNSON, J.,

pro tern. — The legal question in this case is whether a check of $2,000, drawn in good faith by the purchaser of an automobile to the order of the salesman with whom he dealt and delivered to the salesman at the place of business of his employer, the vendor, coincidently with the delivery of the car to the purchaser, constitutes payment to the vendor, though the salesman, upon cashing the check, absconded with the money. The defendants were sued here for the sum of $2,000 as the balance of the unpaid purchase price, upon the theory that the check was not payment. There is no…