Hill v. Lake

The opinion of the court was delivered by

Wertz, J.:

This action was one by plaintiffs (appellees) to recover the purchase price paid defendant (appellant) for certain metal sold by him and later discovered to be stolen property.

Plaintiffs’ petition, in substance, alleged that defendant orally sold and delivered to them certain copper metal which they had purchased in good faith, without notice that defendant had no title thereto; that plaintiffs sold the material to the Northwestern Metal Company of Lincoln, Nebraska, and while in the company’s possession the metal was identified by the…