HART v. SIMS

No. 81-1326.

702 F.2d 574 (1983)

Jimmie L. HART, Plaintiff-Appellant, v. Marilyn SIMS and Deloy Sims, husband and wife; James A. Shelton, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 1, 1983.


Attorney(s) appearing for the Case

Johnson, Welliever, Buckley & Otto, John P. Otto, Phoenix, Ariz., for plaintiff-appellant.

Luther Jones, El Paso, Tex., Luther E. Jones, Jr., Corpus Christi, Tex., for James M. Shelton.

Before CLARK, Chief Judge, GEE and GARWOOD, Circuit Judges.


GARWOOD, Circuit Judge:

This is an appeal from a directed verdict granted by the district court for appellee in a diversity action brought by appellant to establish his title to, and to recover possession of, a painting. The primary question is whether appellant's agent, who had purchased the painting for him, had a right to resell the painting to appellee. We hold that a resale of the painting by the agent to appellee was authorized, and that appellee has title to...

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