W. O. Dean Co. v. Lombard
Appellate Court of Illinois
Replevin.—Appeal from the Circuit Court of Morgan County; the Hon. Cyrus Epler, Judge, presiding.
1Opinion of the CourtJustice Boggs
Chickering v. Bastress et al., 130 Ill. 206, is relied upon as authority for declaring the transaction in the case at bar •a sale as against the interests of third persons.
The case of Peoria Mfg. Co. v. Lyons, 55 Ill. App. 41 (affirmed 153 Ill. 427), decided by this court, is also thought authority to the same effect.
In each of those cases the alleged bailee, or agent, held the goods under a contract which bound him to pay the alleged consignor, or principal, the purchase price of the goods. Hence the transactions were held to be sales and not consignments for sale.
In the case at bar the…
2Cases cited5 opinions
- Chickering v. BastressIllinois Supreme Court · 1889
- Lenz v. HarrisonIllinois Supreme Court · 1893
- Peoria Manufacturing Co. v. Lyons ex rel. David Bradley Manufacturing Co.Illinois Supreme Court · 1894
- Gray v. AgnewIllinois Supreme Court · 1880
- Peoria Mfg. Co. v. LyonsAppellate Court of Illinois · 1894
3Cited by3 opinions
- In re Columbus Buggy Co.Court of Appeals for the Eighth Circuit · 1906
- Pease v. Rand & Leopold Desk Co.Appellate Court of Illinois · 1902
- Lee v. StateCourt of Criminal Appeals of Texas · 1916