HALABY V. HALABY AND OTHERS

KORSAH C.J.

In September 1951, the first and second defendants together with the third defendant, a licensed auctioneer, who had been instructed to sell the partnership’s properties including one store with goods and a safe arrived at Nandom and requested one Elias Khoury, a former employee of the first defendant to deliver up the store, with stock of goods and the safe, to the auctioneer for sale. They found that all the goods had been removed from the store. Upon enquiry the defendants discovered the goods in a room in a house about 50 yards from the original store, where the plaintiff is alleged to have opened his own store and put Elias Khoury who was the firm’s former employee, in charge of it.

Elias Khoury stated in his evidence: “Neif Halaby told me to take goods from store of Halaby Bros. And take it to his store. Four days later the auctioneer came and sold the goods, small (sic) of his were inside.” There is evidence on record showing that not only were the goods identified a…