Freitas v. Marsh

This is an appeal by defendant in an action for claim and delivery involving the sale of an automobile. It is contended that the facts as found compel a finding of ostensible agency in the seller in negotiating a sale of plaintiff’s automobile, and that the trial court erred in not protecting defendant in his claimed title.

Plaintiff loaned the automobile in question to one Stone for personal use during a short period when Stone’s car was out of order. Stone used the borrowed automobile to convey plaintiff to and from work. He also used it to peddle eggs. While the car was in Stone’s…