SEYMOUR v. AUSTIN

Civ. A. No. 5869.

101 F.Supp. 915 (1951)

SEYMOUR et al. v. AUSTIN et al. (ALBRIGHT et al., third-party defendants).

United States District Court D. Oregon.

December 29, 1951.


Attorney(s) appearing for the Case

Thomas H. Tongue, III, Hicks, Davis & Tongue, of Portland, Or., and Nordquist & Schnatterly, of Centralia, Wash., for plaintiffs.

Floyd D. Hamilton, Kell & Hamilton, of Portland, Or., for defendant and third-party plaintiff Belshee.

Lofton L. Tatum and Malcolm H. Clark, both of Portland, Or., for third-party defendants.


McCOLLOCH, District Judge.

Action by Twin City Sales to recover purchase price of cattle sold to one Austin. I have already held that Austin had apparent authority to act for Belshee and that Belshee is liable to Twin City Sales.

The Third Party Controversy

Austin purchased the cattle at auction at Centralia, Washington. On the way home to The Dalles, Oregon, where Austin and Belshee lived, Austin decided to sell the cattle as his own at the Portland...

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