McKean Auto Co. v. O'Marro

This matter is now before us on rehearing. For former opinion, see Id., 53 S. D. 55, 220 N. W. 144.

Plaintiff sued in claim and delivery to recover a Flint automobile or the value thereof if redelivery could not be had. The automobile in question was the property of the plaintiff company, a dealer in Flint automobiles in Sioux Falls and vicinity, and 'by plaintiff intrusted to the possession of one Bumps, who sold the same to defendant. Plaintiff contended that such sale by Bumps was wrongful and unauthorized, and that he was not in any manner plaintiffs agent, but that plaintiff merely loaned…