Conboy v. Petty
Appellate Court of Illinois
Assumpsit, for goods sold, etc. Appeal from the Circuit Court of Pike County; the Hon. Jefferson Ore, Judge, presiding. Heard in this court at the November term, 1894.
1Opinion of the Court
Mt?.. Justice Boggs
delivered the opinion of the Court.
It is a general rule governing sales of personal property and applicable to the sale of a portion of a common mass, that the title remains in the seller until the bargained property is separated and identified, and as long as anything remains to be done by the seller. Parsons on Contract, Vol. 1, p. 527; O’Keefe v. Kellogg, 15 Ill. 347; Frost v. Woodruff, 54 Ill. 155 ; Schneider v. Westerman, 25 Ill. 514,
There is an exception, however, to this general rule, and it is if the mass of property is uniform in kind and quality it is competent…
2Cases cited5 opinions
- O'Keefe v. KelloggIllinois Supreme Court · 1854
- Graff v. FitchIllinois Supreme Court · 1871
- Frost v. WoodruffIllinois Supreme Court · 1870
- Schneider v. WestermanIllinois Supreme Court · 1861
- Stanley v. RobinsonAppellate Court of Illinois · 1884