Herr v. Brakefield

This is a conversion action, brought against the partnership of Brakefield and Stidham for wrongfully reselling certain beef cattle which the plaintiffs alleged they had purchased from the partnership. Service was obtained upon the defendant Stidham only. The cause was tried to the court, which concluded that Brake-field, who had made the sale to the plaintiffs, had no apparent authority to do so. It was conceded that he had no actual authority.

The evidence disclosed that the defendants were partners in a farming operation in Pierce county — the raising of beef cattle and hay being the chief…