Sinker, Davis & Co. v. Comparet
Texas Supreme Court
Appeal from Blanco. Tried below before the Hon. L. W. Moore. Appellant brought this suit as a private corporation against John M. Comparet, Henry Habenicht and Frederick Kuhne, on the 6th clay of August, 1881; and afterwards made Benjamin, Thomas and Phil. P. Cage and Benjamin Brigham and C. A. Brown, defendants, to recover certain machinery described in “ Exhibit A,” a part of petition, or in the alternative to enforce an equitable or mortgage lien against the property.
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Appeal from Blanco. Tried below before the Hon. L. W. Moore. Appellant brought this suit as a private corporation against John M. Comparet, Henry Habenicht and Frederick Kuhne, on the 6th clay of August, 1881; and afterwards made Benjamin, Thomas and Phil. P. Cage and Benjamin Brigham and C. A. Brown, defendants, to recover certain machinery described in “ Exhibit A,” a part of petition, or in the alternative to enforce an equitable or mortgage lien against the property. It alleged that, on the 19th day of March, 1878, it sold to appellee Comparet the property (of the value of $1,880) for…
1Opinion of the Court
Walker, P. J. Com. App.
The sale of the machinery by the plaintiffs to Comparet was a conditional sale. The terms of the contract between them were substantially the same as those stated in the case of Griffith & Wedge v. Morrison & Matthews, 58 Tex., 51, where it was held that the sale was a conditional sale; which case see and the authorities there cited. The machinery was sold and delivered to Comparet under an express stipulation that the vendors parted with no title, nor was any acquired by Comparet, until payment was made of the price agreed to be paid as evidenced by the notes given by…
2Cases cited9 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Grace v. Wade & MainsTexas Supreme Court · 1876
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
- Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. AdamsCourt of Appeals of Kentucky · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Forsgard v. FordTexas Supreme Court · 1894
- Malin International Ship Repair & Drydock, Inc. v. Oceanografia, S.A. De C.V.Court of Appeals for the Fifth Circuit · 2016
- Phillips v. NewsomeCourt of Appeals of Texas · 1915
- Tyler v. ThomasCourt of Appeals of Texas · 1927
- Templeman v. GibbsTexas Supreme Court · 1894
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