Rairden v. Hedrick
Montana Supreme Court
Appeal from District Court, Custer County; Sydney Sanner, Judge. Action by William Rairden against W. A. Hedrick. Judgment for defendant, and plaintiff appeals from it and an order denying him a new trial. It is our contention that the bill of sale constituted an executed sale, and by it the title passed from the vendor to the vendee.
Read the full summary
Appeal from District Court, Custer County; Sydney Sanner, Judge. Action by William Rairden against W. A. Hedrick. Judgment for defendant, and plaintiff appeals from it and an order denying him a new trial. It is our contention that the bill of sale constituted an executed sale, and by it the title passed from the vendor to the vendee. “When the terms of sale are agreed upon and the bargain is struck, and everything that the seller has to do with the goods is complete, the contract of sale becomes absolute as between the parties, without actual payment or delivery.” (2 Kent’s Commentaries,…
1Opinion of the CourtJustice Holloway
This is an action in claim and delivery brought by the appellant, who was plaintiff in the district court, to recover possession of twenty-six head of horses or their value, alleged to be $1,900. The complaint is brief and in the form usually employed where the plaintiff makes claim of absolute ownership. The answer denies ownership or right' of possession in plaintiff, and then sets forth that defendant is the owner of the property and has been such continuously since prior to March 1, 1909; that on the last-mentioned date he executed and delivered to the plaintiff a bill of sale for the…
2Cases cited12 opinions
- Finlen v. HeinzeMontana Supreme Court · 1905
- State v. HowardMontana Supreme Court · 1904
- Christiansen v. AldrichMontana Supreme Court · 1904
- Long v. NeedhamMontana Supreme Court · 1908
- Hollingsworth v. Davis-Daly Estates Copper Co.Montana Supreme Court · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Teesdale v. Anschutz Drilling CompanyMontana Supreme Court · 1960
- Scott v. WaggonerMontana Supreme Court · 1914
- Cary Co. v. Whiting HyerSupreme Court of Florida · 1926
- Moore v. CrittendenMontana Supreme Court · 1922
- Averill Machinery Co. v. BainMontana Supreme Court · 1915
6 more not listed; retrieve them via the Exa API.