Sherrill Hardwood Lumber Co. v. H. D. Glass Lumber Co.
Supreme Court of Arkansas
Appeal from "White Circuit Court; J. M. Jackson, Judge; STATEMENT OP PACTS. Appellee brought this action in replevin to recover from appellant two boilers of which it claims to be the owner. Appellant answered, denying the ownership in appellee and averring title to the boilers in itself.
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Appeal from "White Circuit Court; J. M. Jackson, Judge; STATEMENT OP PACTS. Appellee brought this action in replevin to recover from appellant two boilers of which it claims to be the owner. Appellant answered, denying the ownership in appellee and averring title to the boilers in itself. On the 26th day of November, 1919, appellant wrote to appellee enclosing a circular of second-hand machinery for sale, together with a price list and stating that the machinery was all in good serviceable condition. Among the second-hand machinery listed for sale were two boilers priced at $500. Appellee…
1Opinion of the CourtHart, J.
(after stating the facts). According to appellee’s own testimony there should have been a verdict in favor of appellant. Appellant retained possession of the boilers, and there was no transfer of possession, actual or constructive. It is not claimed that there was any manual delivery of the boilers, and there is nothing from which it may be inferred that there was a symbolical delivery of them. Hence the sale was not completed. Harper v. State, 91 Ark. 422.
The boilers not having been delivered to appellee, the title did not pass to it and it cannot maintain replevin to recover possession of…
2Cases cited3 opinions
- Harper v. StateSupreme Court of Arkansas · 1909
- Carpenter v. GlassSupreme Court of Arkansas · 1899
- Jones v. BurksSupreme Court of Arkansas · 1913
3Cited by1 opinion
- Brown & Hackney, Inc. v. LovelessSupreme Court of Arkansas · 1922