Thompson v. Ray
Supreme Court of Alabama
. Appeal from the Circuit Court of Montgomery. Tried before Hon. J. Q. Smith. The facts are sufficiently stated in the opinion. — I. The first charge asked is in these words : “That if the title to the cotton was to pass to the defendant upon his deposit of the thing agreed to be given, into the bank, the refusal of the bank to receive the same is no excuse for not making the deposit, and the title would not pass until it was made.”
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. Appeal from the Circuit Court of Montgomery. Tried before Hon. J. Q. Smith. The facts are sufficiently stated in the opinion. — I. The first charge asked is in these words : “That if the title to the cotton was to pass to the defendant upon his deposit of the thing agreed to be given, into the bank, the refusal of the bank to receive the same is no excuse for not making the deposit, and the title would not pass until it was made.” This first charge asserts a correct proposition of law and should have been given to the jury. — 1 Parsons on Cont. 537; Benj. on Sales, 425; Stinson v. Dousman,…
1Opinion of the CourtB. E. Saeeold, J.
— The appellant having sued the appellee for the conversion of twelve bales of cotton, the issue became resolved into the question whether a contract' for the sale of the cotton, made between the parties, had been so far completed as to pass the property to the vendee, Ray. The plaintiff claimed that it was a precedent condition of the sale that the defendant should deposit the purchase-money at the Central Bank of Montgomery on the next day, which he failed to do for some time; after-wards, and until he had notified the warehousemen not to deliver the cotton to him. The defendant denied the…
2Cases cited1 opinion
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