Smith was approached by a man who introduced himself as Brown of Brown & Co. Smith, who did not know Brown, asked Dun & Bradstreet for a credit report on Brown. He thereupon sold Brown some expensive gems and billed Brown & Co. ‘‘Brown'' turned out to be a clever jewel thief, who later sold the gems to Brown & Co. for valuable consideration.
Brown & Co. was unaware of ‘‘Brown's'' transaction with Smith. Can Smith successfully sue Brown & Co. for either the return of the gems or the price as billed to Brown & Co.?