Engels v. Heatly

California Supreme Court
Engels v. Heatly, 5 Cal. 135 (Cal. 1855)
Heydenfeldt

Engels v. Heatly

Opinion of the Court

Heydenfeldt, J., delivered the opinion of the Court.

Bryan, J., concurred.

The plaintiff knew as well as the defendant the condition of that which he purchased. It does not appear that he was in any wise disturbed in his rights by the seizure on attachment. We cannot upon this record decide what the plaintiff obtained by his purchase; but if it should avail him nothing, he has no right of legal complaint against Heatly, who was an innocent agent, and had already parted with the money of his principal, which he obtained by virtue of the sale to Thomas.

Judgment affirmed.

Reference

Full Case Name
ARNOLD ENGELS, Jr. v. EDWARD D. HEATLY
Status
Published
Syllabus
Where a party makes a purchase from an innocent agent, who afterwards parts with the money of his principal, and it afterwards turns out that such purchase-avails the purchaser nothing: Held, that no right of legal complaint will lie against the agent.