Carlson v. Crescent Woodenware & Box Manufacturing Co.
Idaho Supreme Court
APPEAL from tbe District Court of the Eighth Judicial District for Bonner County. Hon. Robt. N. Dunn, Judge. Action to recover for sawlogs sold and delivered. Judgment for plaintiff.
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APPEAL from tbe District Court of the Eighth Judicial District for Bonner County. Hon. Robt. N. Dunn, Judge. Action to recover for sawlogs sold and delivered. Judgment for plaintiff. In the absence of any intention expressed by the parties, the law raises a presumption “that if something remains to be done for the purpose of testing the property or fixing.the amount to be paid by weighing, measuring or the like, or of putting tbe property into- condition for final delivery, tbe title does not pass until tbe act is done.” (Wadhcms & Co. v. Balfour, 32 Or. 313, 51 Pac. 64-2; Meebem on Sales,…
1Opinion of the CourtSullivan, J.
This action was commenced by the plaintiff, who is respondent here, against the appellant corporation, to recover damages on a contract entered into between the parties, by the terms of which the respondent agreed to sell and appellant agreed to buy all cottonwood saw timber cut from lots 4 and 5, Sec. 1, Tp. 63, N. of R. 1, West of B. M., and delivered on the bank of the Kootenai river on said land, prior to the 1st day of May, 1909, and the appellant company agreed to pay for such cottonwood timber four dollars per thousand feet, board measure, and to scale all such logs and timber and to…
2Cited by5 opinions
- National Produce Distributors, Inc. v. Miles & Meyer, Inc.Idaho Supreme Court · 1954
- Elliott v. PopeIdaho Supreme Court · 1926
- Portland Seed Co. v. ClarkIdaho Supreme Court · 1922
- Western Seed Marketing Co. v. PfostIdaho Supreme Court · 1927
- Mangelsdorf Bros. Co. v. KolpSupreme Court of Oklahoma · 1917