DONAHOE v. MORRIS

DONAHOE v. MORRIS
1924 OK 901
229 P. 798
103 Okla. 208
Case Number: 11715
Decided: 10/14/1924
Supreme Court of Oklahoma

DONAHOE
v.
MORRIS et al.

Syllabus

¶0 Appeal and Error--Questions of Fact--Conclusiveness of Judgment--Stolen Property--Action for Price.
In an action by a vendee to recover the purchase price of personal property which the evidence shows was stolen, and where the evidence further shows that the defendant in the action was one of those through whose hands such stolen property passed, the only defense being based upon the second subdivision of the statute of frauds which is inapplicable, the only issue presented in this court is one of fact, and where the finding and judgment of the trial court upon this issue of fact are reasonably sustained by the evidence, the judgment is conclusive.

Cress & Tebbe, for, plaintiff in error.
George W. Buckner and W. J. Otjen, for defendants in error.

LOGSDON, C.

¶1 This case presents no question of law to this court, although both sides have briefed it upon the theory that the second subdivision of the statute of frauds is involved. It is purely a fact case. There is no conflict in the testimony. The car was stolen. Plaintiff in error was one of those through whose hands it passed. All persons concerned in the handling and transfer of stolen property are jointly and severally liable to any person injured thereby. The case was tried to the court without the intervention of a jury, and the court found that plaintiff in error was one of those through whose hands the stolen property passed, and rendered judgment accordingly. This finding and judgment are amply supported by the evidence.

¶2 The judgment of the trial court should be in all things affirmed.