Slaughter v. Green
Supreme Court of Virginia
This was an appeal from the superior court of law fertile county of Culpeper, in which court the appellant brought an action on the case against the appellees, who were the occupiers of a certain mill in the said county, for the value of ISO bushels and 34lbs. of wheat, which lie had delivered to them to be ground, and was to receive, in return, one barrel of superfine flour for every live bushels of the said wheat: and he alledges a total failure on the part of the…
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This was an appeal from the superior court of law fertile county of Culpeper, in which court the appellant brought an action on the case against the appellees, who were the occupiers of a certain mill in the said county, for the value of ISO bushels and 34lbs. of wheat, which lie had delivered to them to be ground, and was to receive, in return, one barrel of superfine flour for every live bushels of the said wheat: and he alledges a total failure on the part of the defendants, to perform the agreement on their part, There are several counts in the declaration ; hut, as the question does not…
1Opinion of the Court
Judge Roane,
delivered the opinion of the court:
The court is of opinion, that although wheat may be\ exchanged for flour, as «'ell as sold for money, so as to operate a transmutation of the property in it, from the vendor to the vendee, it may also be the subject of bail»/ incut, both for the mere purpose of safe keeping, and for that of being converted into flour, for the use of the bailor. A bailment of tills last kind, is called, in the books, locatio operis faciendi, and undeniably exists in the case of a single bailment, and where the flour of the samel wheat is to be received in return.…
2Cited by4 opinions
- Reherd's Adm'r v. Clem & WengerSupreme Court of Virginia · 1889
- Arnott v. Kansas Pacific Rly. Co.Supreme Court of Kansas · 1877
- Baker v. WoodruffNew York Supreme Court · 1848
- Chase v. WashburnOhio Supreme Court · 1853