Legal Opinion

Town of Canton v. McDaniel

Supreme Court of Missouri

Decided April 25, 1905PublishedCited by 12 opinions

Transferred from St. Louis Court of Appeals. (1) It is the contract of sale which passes the title, and not the payment of the purchase price or the delivery of the goods. Penn v. Hess, 17 L. R. A. 182; Connable v. Clark, 26 Mo. App. 162. (2) The title to unspecified goods sold passes at the very instant the goods are designated under the terms of the contract.

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Transferred from St. Louis Court of Appeals. (1) It is the contract of sale which passes the title, and not the payment of the purchase price or the delivery of the goods. Penn v. Hess, 17 L. R. A. 182; Connable v. Clark, 26 Mo. App. 162. (2) The title to unspecified goods sold passes at the very instant the goods are designated under the terms of the contract. Andrews v. Cheney, 62 N. H. 404; Bank v. Bangs, 102 Mass. 291; Black on Sales, 122, 127; Benjamin on Sales, p. 358. To constitute a sale between the parties,' the actual delivery is not necessary. The exception is when the goods are a…

1Opinion of the CourtGantt, J.

This is an information or action by the town of Canton against W. W. McDaniel to recover a fine of one hundred dollars for the violation of an ordinance of said town, for exercising and carrying on the business, trade or occupation of a merchant in said town, on the 22d day of December, 1900, hy selling and delivering goods, wares and merchandise, to-wit, sugar, flour, coffee, tea and other groceries, and four empty barrels, at a store, stand or place occupied by him for that purpose in said town, without first having obtained from the marshal of said town a license therefor.

The action was…

2Cases cited18 opinions

  1. City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
  2. State v. O'NeilSupreme Court of Vermont · 1885
  3. Ex parte HollwedellSupreme Court of Missouri · 1881
  4. City of Kansas v. ClarkSupreme Court of Missouri · 1878
  5. Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894

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3Cited by12 opinions

  1. Hanser v. BieberSupreme Court of Missouri · 1917
  2. City of St. Louis v. KlausmeierSupreme Court of Missouri · 1908
  3. State v. MillsSupreme Court of Missouri · 1917
  4. State v. RosenbergerSupreme Court of Missouri · 1908
  5. City of St. Louis v. NiehausSupreme Court of Missouri · 1911

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