Dannenberg v. Teeters

*29The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment in favor of plaintiff in an action in replevin, and the correctness of that judgment depends on whether the relationship of plaintiff and one C. A. Plumb was that of principal and agent or of vendor and vendee.

For some time prior to 1926 Plumb operated a garage and filling station in Goodland. Plaintiff Dannenberg was the agent of the Nourse Oil Company, a concern which supplied Plumb with oils and greases for his trade. Plumb did not pay his bills promptly, and the Nourse Oil Company terminated business…