Wheeler v. Cleveland
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard, before Hou. Samuel B. Browne. Action by Felix Cleveland and others against E. M. Wheeler for breach of contract, Judgment for plaintiffs, and defendant appeals.
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Appeal from Mobile Circuit Court. Heard, before Hou. Samuel B. Browne. Action by Felix Cleveland and others against E. M. Wheeler for breach of contract, Judgment for plaintiffs, and defendant appeals. The contract made between the parties was that Felix Cleveland and others sell to Wheeler all of the fallen timber and all of the trees the entire tops of which had been broken off by the storm, now lying or standing upon all the lands now owned by the said party of the first part on certain lands described by government subdivision, said land to he pointed out by the seller. The agreement was…
1Opinion of the CourtAnderson, J.
“After the formation of the contract of sale, the question of its effect arises as to when the bargain amounts to an actual sale or when it- is a mere executory agreement. The distinction between the two contracts consists in this: That in a bargain and sale tlie thing which is the subject of the contract becomes the property of the buyer the moment the contract is concluded and without regard to the fact whether the goods be delivered to the buyer or remain in possession of the seller; whereas, in an executory agreement, the goods remain the property of the seller till the contract is…
2Cases cited1 opinion
- Shealy v. EdwardsSupreme Court of Alabama · 1882
3Cited by11 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Loval v. WolfSupreme Court of Alabama · 1912
- H. Curjel & Co. v. Hallett Mfg. Co.Supreme Court of Alabama · 1916
- Patterson & Edey Lumber Co. v. DanielsSupreme Court of Alabama · 1921
- Cleveland v. WheelerAlabama Court of Appeals · 1913
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