City National Bank v. Tufts
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. On the 2d day of May, 1883, appellants caused an attachment to issue out of the district court of Tarrant county against O. W. Barradell, which was on the 2d of May, 1883, levied on a drug store belonging to C. W. Barradell, and also on a soda fountain and apparatus in possession of Barradell.
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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. On the 2d day of May, 1883, appellants caused an attachment to issue out of the district court of Tarrant county against O. W. Barradell, which was on the 2d of May, 1883, levied on a drug store belonging to C. W. Barradell, and also on a soda fountain and apparatus in possession of Barradell. May 23,1883, appellee executed and filed with the district clerk an affidavit and bond, claiming title to the soda fountain and apparatus. Appellee lived in Boston, Massachusetts, and claimed title to said property, and that on the 28th of…
1Opinion of the Court
Stayton, Associate Justice.
The contract between Tufts and Barradell was an executory contract of sale, through which title did did not pass to the latter.
Until payment of the purchase money, evidenced by the notes given by Barradall to Tufts, the title to the property which the latter contracted to sell remained in him. Benjamin on Sales, 320; in the notes to which, in third American edition by Bennett, there is an exhaustive citation of the cases supporting the proposition. The rule is recognized in Griffith & Wedge v. Morrison & Mathews, 58 Tex., 51, and in Sinker, Davis & Co. v. Comparet,…
2Cases cited6 opinions
- Forbes v. MarshSupreme Court of Connecticut · 1843
- Sumner v. McFarlanSupreme Court of Kansas · 1875
- Griffith & Wedge v. MorrisonTexas Supreme Court · 1882
- Hart v. CarpenterSupreme Court of Connecticut · 1856
- Baker v. HallSupreme Court of Iowa · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Carroll v. Cash MillsSupreme Court of South Carolina · 1923
- Crews v. HarlanTexas Supreme Court · 1905
- King-Collie Co. v. Wichita Falls Warehouse Co.Court of Appeals of Texas · 1918
- Marvin Safe Co. v. EmanuelNew York Court of Common Pleas · 1888
- Templeman v. GibbsTexas Supreme Court · 1894
8 more not listed; retrieve them via the Exa API.