Wilkinson v. Holiday
Michigan Supreme Court
Error to Saginaw Circuit. This was an action to recover part of the purchase price of logs alleged to have been sold and delivered by Holiday to Wilkinson. It appeared that defendant bargained with plaintiff for the purchase of one hundred and thirty-seven white ash logs then lying in the south branch -of Bad river, and paid him fifty dollars towards the purchase price.
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Error to Saginaw Circuit. This was an action to recover part of the purchase price of logs alleged to have been sold and delivered by Holiday to Wilkinson. It appeared that defendant bargained with plaintiff for the purchase of one hundred and thirty-seven white ash logs then lying in the south branch -of Bad river, and paid him fifty dollars towards the purchase price. The plaintiff was subsequently during the season to run the logs as far down stream as the limits of the Bad river boom, and the logs were to be scaled under rope, and said scale to be the basis of settlement at the price of…
1Opinion of the Court
Cooley, Ch. J:
Where, under a contract for the purchase of personal property something remains to be done to identify the property, or to put it in condition for delivery, or to determine the sum that shall be paid for it, the presumption is always *388very strong that by the understanding of the parties the title was not to pass until such act had been fully done and accomplished. But the presumption is by no means conclusive. If one bargains with another for the purchase of property, and that is done in respect to it which the parties agree shall pass the title, nothing more is generally…
2Cases cited1 opinion
- Lingham v. EgglestonMichigan Supreme Court · 1873
3Cited by11 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- State ex rel. Vilas v. WhartonWisconsin Supreme Court · 1903
- Huebener v. ChinnOregon Supreme Court · 1949
- Byles v. ColierMichigan Supreme Court · 1884
- Rosenthal Bros. v. Kahn Bros.Oregon Supreme Court · 1890
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