Poggi (P) stored his wine barrels in a basement under lock and key. He rented the basement from a judge and his lessee the Sanitary Laundry Company. P visited the storeroom about twice per month. Eventually, the building was sold to Scott (D). The judge testified that he had sold the building to D and had informed D of P’s lease with the Laundry Company. The judge did not tell P the premises had been sold. When P inspected after the sale, he found all his wine had been sold. Two men had called on D and told D they wanted to buy some broken barrels stored in the basement. D allegedly inspected the barrels and sold the “empty” barrels for $15 on condition the men clear out the basement. The two men were arrested for theft and P sued D for conversion. The trial court granted a nonsuit when the jury found for D. P appealed.

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