Jeffrey Mfg. Co. v. Mound Coal Co.
District Court, N.D. West Virginia
At Daw. Detinue by the Jeffrey Manufacturing Company against the Mound Coal Company. The plaintiff filed its declaration in the Circuit, now this court, alleging that it was entitled to recover from the defendant certain machinery and material of the value of $8,380. It alleges as ground for this demand that, in May, 1911, it entered into an agreement, embraced in three specifications, with a copartnership trading as the Mound City Coal Company, whereby, in consideration of…
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At Daw. Detinue by the Jeffrey Manufacturing Company against the Mound Coal Company. The plaintiff filed its declaration in the Circuit, now this court, alleging that it was entitled to recover from the defendant certain machinery and material of the value of $8,380. It alleges as ground for this demand that, in May, 1911, it entered into an agreement, embraced in three specifications, with a copartnership trading as the Mound City Coal Company, whereby, in consideration of certain agreed payments to be made and covenants to be performed, it furnished this machinery and material to this…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). [1] It cannot be doubted that, by the terms of the contract, the sale of this machinery, made by plaintiff to the copartnership, was a conditional one, and that title to such machinery and the right to reclaim it in case of default in payment of the purchase money, were clearly reserved. Nor is it questioned that not a dollar of such purchase price was ever in fact paid. This being true the case is clearly ruled and determined by the two very recent decisions of the Supreme Court, in Holt v. Henley, 232 U. S. 637, 34 Sup. Ct. 459, 58 L. Ed. 767, and in…
2Cases cited2 opinions
- Holt v. HenleySupreme Court of the United States · 1914
- Detroit Steel Cooperage Co. v. Sistersville Brewing Co.Supreme Court of the United States · 1914
3Cited by2 opinions
- Ensign v. KoykArizona Supreme Court · 1926
- Hanson v. RyanWisconsin Supreme Court · 1925