Atlas Torpedo Co. v. United States Torpedo Co.

On Motion for Rehearing.

The appellant’s motion is based upon the mistaken theory that the evidence in the case shows an executed contract of sale. The record does not sustain this position. At most, it was an agreement to sell, based upon several conditions. Defendant’s attorney, as found by the jury, must be satisfied as to the legal phases of the matter and the creditors of appellant, some of whose debts the defendant was to assume as part of the consideration, had to be dealt with, and terms of payment of other claims must be agreed upon. The question of when a sale of chattels is…