GARDNER, J.
The defendant Berger expressly abandons the special grounds of his motion for a new trial.
The court, sitting as judge and jury, was authorized to find that Williams was the agent of the plaintiff to sell the Ford truck involved; that Williams did not sell this car, but delivered it to Hamby, who operated a used car lot; that Hamby sold and delivered the truck to the defendant Berger for $2000 and retained the proceeds of the sale for himself,...
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