Modlin v. Walter's Fur Shop

Plaintiff appeals from an adverse judgment rendered in an action brought by him against defendants to recover for the loss of a mink coat delivered to defendants under a written consignment.

The material facts are undisputed. Plaintiff and one Giacomini each operated a wholesale furrier business in San Francisco at the same location. Plaintiff sold the higher priced furs and Giacomini those in a lower bracket. Giacomini traveled over the state in making sales for himself as well as for plaintiff. There is no question that he had unlimited authority to act as agent for the plaintiff. Walter G.…