Thomas Jordan, Inc. v. Ralph

On Rehearing

McBRIDE, Judge.

We granted a rehearing in this case because we doubted that defendant had shown that W. A. Bisso, Jr., who telephoned him, was possessed of authority to refuse to permit the defendant to cut up the barge for scrap while it rested on the batture near the “Bisso Fleet.”

There is no question that defendant purchased the barge, which could not be floated, for the specific purpose of cutting it up for scrap metal, and that this condition was at least tacitly understood by the parties to the sale.

While the defendant in his answer sets up that there never had been any…