Crowdus Bros. v. B. H. Sanders & Co.

Opinion by

Will-son, J.

§ 461. Contract construed to be executory; title to chattels does not pass under such contract; case stated. Appellees sold to J. R. Tucker a car-load of oats, the contract of sale being as follows:

“Hillsborough, Texas, Dec. 23, 1886.

“We have this day sold to J. R. Tucker one car-load of oats, to be delivered in Cisco, at fifty-two cents per bushel, two hundred dollars to be paid by Orowdus Bros., with bill lading attached, balance secured by bill of sale on hay, bill of sale dated 23d day of Dec., 1886.

[Signed] “B. H. Sanders & Co.

“Signed and delivered in presence of W.…