Sumner v. Woods
Supreme Court of Alabama
Appeal from. Circuit Court of Calhoun. Tried before Hon. W. L. Whitlock. Detinue by Sumner against Woods to recover a sewing-machine. Sumner had previously delivered the machine to one J. W. Smith, then residing in Calhoun county, who executed four promissory notes therefor on 22d January, 1873, falling due respectively four, eight, twelve, and eighteen months after date.
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Appeal from. Circuit Court of Calhoun. Tried before Hon. W. L. Whitlock. Detinue by Sumner against Woods to recover a sewing-machine. Sumner had previously delivered the machine to one J. W. Smith, then residing in Calhoun county, who executed four promissory notes therefor on 22d January, 1873, falling due respectively four, eight, twelve, and eighteen months after date. Each of these notes states that it was given for value received, and is payable only on presentation, subject to the conditions on the margin of the notes. This condition is thus expressed on the first three: “ It is agreed…
1Opinion of the CourtJudge, J.
The transaction between Sumner and Smith was not a bailment, but amounted to a conditional sale. The seller did not retain the possession of the property, but was to retain the title to the same, after he had transferred the possession to the buyer. It is well established that when there is a condition precedent attached to a sale, the title will not pass until the condition is performed, unless there be a waiver of its performance by the vendor. Caraway v. Wallace, 2 Ala. 542. But the great mark of ownership of personal property is possession ; and when a contract is made by which it is…
2Cases cited2 opinions
- Caraway v. WallaceSupreme Court of Alabama · 1841
- Martin v. MathiotSupreme Court of Pennsylvania · 1826
3Cited by7 opinions
- Gilbert v. National Cash Register Co.Illinois Supreme Court · 1898
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Sumner v. WoodsSupreme Court of Alabama · 1880
- Fairbanks, Morse & Co. v. Eureka Co.Supreme Court of Alabama · 1880
- McCall v. PowellSupreme Court of Alabama · 1879
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