American Metal Co. v. Daugherty
Supreme Court of Missouri
Appeal from Madison Circuit Court.— Hon. Ií. A. Anthony, Judge. (1) Delivery is not essential to the transfer of title. • The intention may be proven by express declaration or be inferred from the circumstances, and particularly where everything is done besides delivery, including payment of the purchase price.
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Appeal from Madison Circuit Court.— Hon. Ií. A. Anthony, Judge. (1) Delivery is not essential to the transfer of title. • The intention may be proven by express declaration or be inferred from the circumstances, and particularly where everything is done besides delivery, including payment of the purchase price. Tiedeman on Sales (1 Ed.), secs. 84, 86; Nance v. Metcalf, 19 Mo App. 183. (2) The subject-matter of the sale was individualized by C. P. Stephen, Leathe’s agent, taking the lead and hauling it to the railroad station for shipment, and was the subject of replevin by plaintiff. It was…
1Opinion of the CourtGantt, J.
Plaintiff brought this action of replevin against the defendant^, for two thousand six hundred pigs of lead weighing about eighty pounds each, of the alleged value of $9,360, in the circuit court of Madison county, and obtained possession of the said property and sold the same.
The defendants in their answer admitted possession of the property at the commencement of the suit, but denied all the other allegations of the petition, and for further and special defense, defendants allege that the plaintiff was nokthe real party in interest, but that the suit was instituted and was being prosecuted…
2Cases cited5 opinions
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Miller v. BrenekeSupreme Court of Missouri · 1884
- Bray v. KrempSupreme Court of Missouri · 1893
- Groff v. BelcheSupreme Court of Missouri · 1876
- McClelland v. Picher Lead & Zinc Co.Supreme Court of Missouri · 1885
3Cited by7 opinions
- Wilkison v. GrugettMissouri Court of Appeals · 1929
- Hubbard and Perry v. Home Ins. Co. of N.Y.Missouri Court of Appeals · 1920
- Longsdorff v. MeyersMissouri Court of Appeals · 1913
- Ficklin v. TinderMissouri Court of Appeals · 1912
- Boyer v. Leidigh-Havens Lumber Co.Missouri Court of Appeals · 1915
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