Town of Canton v. McDaniel
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Hon. E. B. McKee, Judge. (1) It is the contract of sale which passes the title, and not the payment of the purchase price or the delivery of the goods. Penn v. Hess, 17 L. R. A. 176; Connable v. Clark, 26 Mo. App. 162. (2) The title to unspecified goods sold, passes at the very instant the goods are designated under the terms of the contract.
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Appeal from Lewis Circuit Court. — Hon. E. B. McKee, Judge. (1) It is the contract of sale which passes the title, and not the payment of the purchase price or the delivery of the goods. Penn v. Hess, 17 L. R. A. 176; Connable v. Clark, 26 Mo. App. 162. (2) The title to unspecified goods sold, passes at the very instant the goods are designated under the terms of the contract. Andrews v. Cheney, 62 N. IT. 404; Bank v. Bangs, 102 Mass. 291; Black on Sales, 122, 127; Benjamin on Sales, p. 358. (3) To constitute a sale between the parties, the actual delivery is not necessary. The exception is…
1Opinion of the CourtBarclay, J.
— This action was begun before Hon. John M. Settle, recorder of Canton, Missouri, to enforce a penalty denounced by an ordinance of that town against selling merchandise in that municipality without first having obtained a license to do so, from the proper local authority. Defendant was found guilty before the recorder and fined $20. He appealed to the circuit court of Lewis county, where the cause v7as tried anew before Judge McHee and a jury. Defendant was convicted there and fined $10. He appealed from that conviction to this court, after the usual formalities to obtain a review.
Canton is…
2Cases cited3 opinions
- State ex rel. Campbell v. St. Louis Court of AppealsSupreme Court of Missouri · 1888
- Kirkwood v. Meramec Highlands Co.Supreme Court of Missouri · 1901
- State v. RaymondSupreme Court of Missouri · 1900
3Cited by1 opinion
- State Ex Rel. Bloker v. ByrdMissouri Court of Appeals · 1921