Poggi v. Scott case brief

Poggi v. Scott case brief summary
139 P. 815 (Cal. 1914)

CASE SYNOPSIS

Plaintiff appealed an order of the Superior Court of San Diego County (California), which granted a nonsuit to defendant in plaintiff's action for conversion to recover damages when plaintiff's barrels of wine stored in a basement plaintiff was renting were carried away and sold by defendant as the new owner of the building.

CASE FACTS

• Plaintiff rented the basement of a building in order to store barrels of wine. 
• The owner of the building subsequently sold the building to defendant, but plaintiff was not notified of the change in ownership as he lived out of town. 
• Defendant testified that two individuals approached him and offered to buy some empty barrels that were in the basement. 
• Defendant inspected the basement and found several broken barrels and some that appeared to be empty. 
• Defendant sold the contents of the basement to the individuals, but mentioned if some of the barrels were not empty, the price would have to be renegotiated later. 
• Plaintiff subsequently learned of the events and brought an action against defendant for conversion. 
• The trial court granted defendant a nonsuit and plaintiff appealed. 

DISCUSSION

• The court reversed and held that defendant sold barrels that did not belong to him, whether or not they contained wine. 
• Defendant exercised an unjustifiable and unwarranted dominion and control over plaintiff's property and his knowledge of the contents was immaterial.

CONCLUSION

The court reversed an order of the trial court that granted a nonsuit to defendant in plaintiff's action for conversion after barrels of wine owned by plaintiff, which were stored in a basement plaintiff was renting, were carried off and sold by defendant as new owner of the building because defendant exercised an unjustifiable and unwarranted dominion of plaintiff's property and defendant's lack of knowledge as to the contents was immaterial.

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