Nature of the Case
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Facts
Ps sued D to recover $5,402.65 for goods, wares, and merchandise sold to D and for D's checks cashed by P. D admitted the obligations sued upon, and counterclaimed. D alleged that he was engaged in placer mining on 1,200 acres of placer mining ground, and that to carry on said mining operations he purchased a certain hydraulic mining plant in San Francisco, and transported the same to a point 40 miles below his placer mining camp, for the reason that because of low water in the stream he could not transport the machinery to the mining camp; that it remained at that point during the seasons of 1919, 1920, and 1921 by reason of low water in the river; that the freight charge for transportation of this plant from San Francisco was $1,045; that during the summer of 1921 Ps wrongfully took possession of the hydraulic plant, transported it to Bethel, and converted same to their own use and sold a part thereof. D alleged that the mining machinery and equipment was reasonably worth $10,000.00. D waived the tort of conversion and sought damages upon an implied contract created by law. Ps admitted to taking the equipment, but it was to save it from destruction from the river on whose banks it had been placed. Ps alleged that the property was in an abandoned condition until the fall of 1921; that they took possession of the property, and transported it to Bethel, and notified D; that D ignored the entire matter; that they retained possession of the hydraulic plant until 1923, when for the first time they had an opportunity to dispose of the same; and that they sold it for the sum of $550, which was all the property was worth in Kuskokwin Precinct. The court found that D was indebted to P in the sum of $8,690.21 and that Ps were indebted to D in the sum of $8,000, with 8 percent. interest from September 1, 1921, aggregating $12,480. P appealed.
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