Osborn v. South Shore Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: JohN K. Pakish, Circuit Judge. Plaintiff sold to defendant a quantity of saw logs, to be paid for at the rate of $6.10 per thousand feet, according to, the scale to be thereafter made on the mill deck. The logs, were delivered in defendant’s boom at defendant’s mill, and taken charge of by it, and plaintiff did all that he was to do' under the contract.
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Appeal from a judgment of the circuit court for Bayfield county: JohN K. Pakish, Circuit Judge. Plaintiff sold to defendant a quantity of saw logs, to be paid for at the rate of $6.10 per thousand feet, according to, the scale to be thereafter made on the mill deck. The logs, were delivered in defendant’s boom at defendant’s mill, and taken charge of by it, and plaintiff did all that he was to do' under the contract. The - contract contained the following provisions: “It is expressly understood and agreed by the parties, hereto that the legal title to and right of possession of said logs, and…
1Opinion of the CourtMakshall, J.
The sole question presented is whether defendant is liable for the logs that were lost, in view of the fact that plaintiff retained the title solely as security, and that such logs were' never scaled on the mill deck.
Where property is sold and delivered, and the vendor has fully performed all the conditions of the contract of sale on his part, and the intention of the parties at the time of the *529making of the contract, as in this case, clearly is that the vendor is to have no interest in tbe property after delivery, except as security for the unpaid purchase money; that, subject to the right…
2Cited by9 opinions
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- Jessup v. Fairbanks, Morse & Co.Indiana Court of Appeals · 1906
- Phillips v. Hollenberg Music Co.Supreme Court of Arkansas · 1907
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