Triplett v. Farmers Union Coöperative Co.

The opinion of the court was delivered by

Burch, J.:

The action was one by the owners of wheat to recover its value from a buyer who purchased from one having no title and no authority to sell. Plaintiffs recovéred, and defendant appeals.

In 1921 Russell Smith owned and occupied a tract of land which he contracted to sell and convey to plaintiffs. In the fall of 1921 plaintiffs hired Smith to put sixty-six acres in wheat. Plaintiffs bought the seed, and paid Smith for plowing, harrowing and drilling the ground. Later Smith undertook to repudiate sale of the land, and refused to yield possession.…