Judge v. Leclaire
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. It is deemed unnecessary to set forth the facts more fully than they appear in the opinion of the court.
1Opinion of the CourtScott, Judge
This was an action of replevin for a horse. On the evidence in the record (it being all oral) as to the contract between the parties to the sale, the court should have instructed the jury that it was their province to ascertain what was the contract between them. If it was the intention that the property in the horse should pass presently, and afterwards a note with security was to be given for the price, they would find for the defendant; buix if they believe that it was the intention of the parties that the property in the horse should should not pass until a note with security was given,…
2Cited by3 opinions
- Jungeman v. Joseph Schnaider Brewing Co.Missouri Court of Appeals · 1889
- Workingmen's Banking Co. v. BlellMissouri Court of Appeals · 1894
- Detroit Stove Works v. PerryU.S. Circuit Court for the District of Eastern Michigan · 1879