Basch v. Tidewater Associated Oil Co.

The court granted a rehearing in this ease for the purpose of giving further consideration to the doctrine laid down in the Smith v. Yule, 31 Cal. 180 [89 Am. Dec. 167], and the other cases, which under varying circumstances, have followed and applied the principle of that case. The consideration that we have given to the subject following the rehearing has led us to the conclusion that our original judgment of reversal was correct. The doctrine of the Yule case (supra) and of the eases that have followed it has been stated as follows:

“In order that possession by one other than the vendor of…