Kohler v. Hayes
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The plaintiff delivered the piano to Dowling on the 13th day of April, 1866. Dowling used the piano in his family; and on the 28th of July, 1866, and after he had paid the one hundred dollars, sold the same to Main & Winchester, of which firm the defendant was a member.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The plaintiff delivered the piano to Dowling on the 13th day of April, 1866. Dowling used the piano in his family; and on the 28th of July, 1866, and after he had paid the one hundred dollars, sold the same to Main & Winchester, of which firm the defendant was a member. The firm made the purchase in good faith, and had no notice of the terms of the agreement under which the piano was delivered to ' Dowling. As soon as Kohler knew of the sale to Main & Winchester, and in August, 1866, he…
1Opinion of the Court
By the Court, Rhodes, C. J.:
It appears, from the agreed statement of facts, that the plaintiff delivered to Dowling a piano under the following agreement:
“ Received from Andrew Kohler, on rent, a certain pianoforte, which I agree to return in good order, and to be responsible for the value thereof, the same being of the value of five hundred dollars; and for the use of which I agree to pay said Andrew Kohler, or to his order, the monthly rent of thirty-five dollars or forty dollars, strictly in advance. * * * This piano and stool to be sold for four hundred and eighty-five dollars, on the…
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