Kiddy Aeroplane Corp. v. Kress

This is an action in replevin. Judgment for defendants. Plaintiff brings the case here, and applies for a supersedeas.

The parties entered into a contract whereby defendant Edward Kress Construction Company agreed to “build complete and ready for sale,” at no expense to plaintiff, 1,000 “Kiddy Aeroplanes.” Plaintiff agreed to sell such manufactured articles, and out of the proceeds of the sales pay defendant for building them. Defendant built forty-five of such Kiddy Aeroplanes, furnishing its own labor and material therefor. These are the chattels in controversy.

The sole question presented is…