Goldsmith v. Bryant
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Replevin, for carpets, curtains, etc., sold by plaintiffs to defendant, and laid down or put up by them in his house. Fifty dollars were paid upon the purchase price during the time while the purchases were being made, but the balance had never been paid.
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. Replevin, for carpets, curtains, etc., sold by plaintiffs to defendant, and laid down or put up by them in his house. Fifty dollars were paid upon the purchase price during the time while the purchases were being made, but the balance had never been paid. The principal questions were, whether plaintiffs had parted with the possession so that the property had vested absolutely in defendant, and whether, before the commencement of the action, plaintiffs had' duly demanded possession of the property, and offered to return the fifty dollars. As…
1Opinion of the CourtCole, J.
It is entirely clear that the plaintiffs did not intend to absolutely deliver the goods in question, and part with the possession, until the price was paid. It was a cash sale, and the delivery and payment were to be simultaneous. By the contract, the plaintiffs were compelled to cut, make up, and nail down the carpets, and to make up and hang the curtains, and fix the cornices, in the defendant’s house. And until this was done, they could not insist upon payment. It is not like the case of the sale and delivery of a package *37or box of goods which the vendor can retain within his exclusive…
2Cited by6 opinions
- Young v. Harris-Cortner Co.Tennessee Supreme Court · 1924
- Fenelon v. HogoboomWisconsin Supreme Court · 1872
- McPherson v. WiswellNebraska Supreme Court · 1886
- Lamb v. UtleyMichigan Supreme Court · 1906
- Johns v. HeadSupreme Court of Kansas · 1889
1 more not listed; retrieve them via the Exa API.