Bicknell v. Owyhee Sheep & Land Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action in conversion. Judgment for plaintiff. Mere words are not sufficient to constitute a delivery of personal property within the statute. (HincJiman v. Lincoln, 124 U. S. 38, 8 Sup. Ct. 369, 31 L. ed. 337; Moore v. Bixby, 4 Hun (N. Y.), 802.) No acceptance or receipt was had, as contemplated by the statute.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action in conversion. Judgment for plaintiff. Mere words are not sufficient to constitute a delivery of personal property within the statute. (HincJiman v. Lincoln, 124 U. S. 38, 8 Sup. Ct. 369, 31 L. ed. 337; Moore v. Bixby, 4 Hun (N. Y.), 802.) No acceptance or receipt was had, as contemplated by the statute. (Malone v. Plato, 22 Cal. 103.) The parties must have the intention to vest the possession in the vendee discharged of all lien for the price, and the vendee must accept…
1Opinion of the CourtBudge, C. J.
This is an action for the alleged conversion of certain sheep. The cause was tried to a jury and a verdict returned in favor of respondents for the amount prayed in the complaint. This appeal is from the judgment entered on the verdict.
It appears that the appellant J. L. Gray was president and manager and S. D. Phillips, secretary, of the Owyhee Sheep & Land Company, Limited, at the time of the transaction involved herein. Some time prior to July 3, 1914, Bicknell had a conversation with Phillips, concerning the sale of the company’s 1914 crop of lambs. At that time Phillips thought they…
2Cases cited16 opinions
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Burrows v. . WhitakerNew York Court of Appeals · 1877
- Becker v. HolmWisconsin Supreme Court · 1894
- Coffin v. BradburyIdaho Supreme Court · 1894
- Idaho Implement Co. v. LambachIdaho Supreme Court · 1909
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3Cited by5 opinions
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- F. Carrera & Hno. v. Sucn. de AquinoSupreme Court of Puerto Rico · 1942
- F. Carrera & Hno. v. Heirs of AquinoSupreme Court of Puerto Rico · 1942