Graham v. John Flannery Co.

1. A 'person who has acquired possession of personal property under a contract by the terms of which he is to purchase it, but is not to acquire title thereto until he has paid the entire purchase price, acquires no title whatsoever in the property where it is a commodity such as cotton the sale of which is governed by section 4126 of the Civil Code (1910). Such person, when acquiring- possession of the property, becomes a bailee only, with the right to purchase the property on a cash sale and to acquire the title thereto only when the purchase-money is actually paid. Flannery v. Harley, 117…