Jimmie L. Hart v. Marilyn Sims and Deloy Sims, Husband and Wife James A. Shelton

GARWOOD, Circuit Judge:

This is an appeal from a directed verdict granted by the district court for appellee in a diversity action brought by appellant to establish his title to, and to recover possession of, a painting. The primary question is whether appellant’s agent, who had purchased the painting for him, had a right to resell the painting to appellee. We hold that a resale of the painting by the agent to appellee was authorized, and that appellee has title to it. The district court’s judgment is therefore affirmed.

I

Appellant Jimmie L. Hart (“Hart”), a resident of Oklahoma, wanted to buy…