Legal Opinion

Eidson v. Hedger

Missouri Court of Appeals

Decided December 2, 1889PublishedCited by 4 opinions

'Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. In case of a sale or delivery of personal property, upon the condition that the title of the same shall remain in the vendor, or deliverer, until the price of the property, or a certain sum, is paid, such condition is void as to subsequent bona fide purchasers, in good faith, and for value, unless the contract is reduced to writing, signed, acknowledged and recorded, as provided •in cases of chattel…

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'Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. In case of a sale or delivery of personal property, upon the condition that the title of the same shall remain in the vendor, or deliverer, until the price of the property, or a certain sum, is paid, such condition is void as to subsequent bona fide purchasers, in good faith, and for value, unless the contract is reduced to writing, signed, acknowledged and recorded, as provided •in cases of chattel mortgages. R. S., secs. 2505, 2507; Coover v. Johnson, 86 Mo. 533; Benj. Sales (Corbin’s Am. notes), secs. 425-437, et seq.;…

1Per curiam

As we -understand the facts of this case, as indubitably shown by the evidence for the plaintiff, the trial court should have directed a verdict for the defendant. Relieved of much irrelevant matter the plaintiff’s testimony shows, without conflict, that plaintiff Eidson sold and delivered to John W. Alley the cattle in controversy, with an oral agreement between plaintiff and said Alley, that the title to such cattle should remain with the vendor until fully paid for. The whole eighty-three head of cattle thus sold (and of which the ten head here in controversy formed a part) were put in at…

2Cases cited6 opinions

  1. Greenway v. JamesSupreme Court of Missouri · 1864
  2. Young v. GlascockSupreme Court of Missouri · 1883
  3. Givens v. Van StuddifordSupreme Court of Missouri · 1885
  4. Parmlee v. CatherwoodSupreme Court of Missouri · 1865
  5. Christy v. ScottMissouri Court of Appeals · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hellman & Co. v. Pollock & Co.Missouri Court of Appeals · 1891
  2. Frizzell v. Stewart Lumber Co.Supreme Court of Missouri · 1931
  3. Ferd Heim Brewing Co. v. LinckMissouri Court of Appeals · 1892
  4. Kansas Moline Plow Co. v. WaylandMissouri Court of Appeals · 1899

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