Warten v. Strane
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. Henry C. Speake. This action was brought by Henry Warten, against W. T. Strane, to recover “one lot of corn in the shuck, to-wit, 76 barrels, in defendant’s crib nearest his dwelling, lately bought by plaintiff from defendant, of the value, to-wit, of $228, and one cotton-gin, formerly owned by A. C. Legg, and now in the gin-house on defendant’s premises, of the value, to-wit, óf $100, with the value of the…
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Appeal from the Circuit Court of Limestone. Tried before the Hon. Henry C. Speake. This action was brought by Henry Warten, against W. T. Strane, to recover “one lot of corn in the shuck, to-wit, 76 barrels, in defendant’s crib nearest his dwelling, lately bought by plaintiff from defendant, of the value, to-wit, of $228, and one cotton-gin, formerly owned by A. C. Legg, and now in the gin-house on defendant’s premises, of the value, to-wit, óf $100, with the value of the hire or use thereof during.the detention;” and was commenced on the 4th March, 1885. The defendant entered a disclaimer as…
1Opinion of the CourtSomebville, J.
— 1. The principle is familiar, that where there is a contract of sale of personal property, and anything remains to be done to individualize and identify the. particular property intended to be sold, such as counting, weighing, measuring, or separating from a larger mass or bulk, no title passes to the purchaser, such as will maintain in his favor an action of detinue or trover. This is for the simple reason, that the particular part of the property or chattels contracted to be sold and delivered can not be ascertained by precise identification. — Mobile Savings Bank *314v. Fry, 69 Ala. 348; s.…
2Cases cited6 opinions
- Shealy v. EdwardsSupreme Court of Alabama · 1882
- McCrary's Adm'r v. Rash's Adm'rSupreme Court of Alabama · 1877
- Mobile Savings Bank v. FrySupreme Court of Alabama · 1881
- Fry v. Mobile Savings BankSupreme Court of Alabama · 1883
- Meyer v. HearstSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Corley v. VizardSupreme Court of Alabama · 1919
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1888
5 more not listed; retrieve them via the Exa API.