Cook v. Logan
Supreme Court of Iowa
Appeal from the Des Moines District Court. Plaintiffs were jointownersof about three hundred bushels of wheat, which was stowed by them in a bin upon the land of defendant. One of the plaintiffs being indebted to defendant, sold him twenty bushels of this wheat. The price was agreed upon, and defendant credited the amount upon his book. The wheat sold was not divided or separated from the main bulk; nor was there any agreement as to when it was to be separated or delivered.
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Appeal from the Des Moines District Court. Plaintiffs were jointownersof about three hundred bushels of wheat, which was stowed by them in a bin upon the land of defendant. One of the plaintiffs being indebted to defendant, sold him twenty bushels of this wheat. The price was agreed upon, and defendant credited the amount upon his book. The wheat sold was not divided or separated from the main bulk; nor was there any agreement as to when it was to be separated or delivered. Plaintiffs, after this, claimed the right to remove all the wheat, to which defendant objected, until he received the…
1Opinion of the CourtWright, C. J.
The instructions as given and refused, involve the question whether the sale of the wheat was so complete, as to pass the title to defendant, and entitle him to retain the same as against the plaintiffs..
We think it quite clear,that under the contract, as proved, the right of property did not pass from plain tiffs, nor, as a consequence, vest in defendant. The rule is that where some act remains to be done in relation to the articles which are the subject of the sale, as that of weighing or measuring, or, as in this case, that of separating and setting them apart from the bulk, so that they…
2Cases cited1 opinion
- Outwater v. DodgeNew York Supreme Court · 1827
3Cited by6 opinions
- Welch v. SpiesSupreme Court of Iowa · 1897
- Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
- Courtright v. LeonardSupreme Court of Iowa · 1860
- Augustine v. McDowellSupreme Court of Iowa · 1903
- Martin Bros. & Co. v. LesanSupreme Court of Iowa · 1906
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