Margan, Adm'r v. . Perkins
Supreme Court of North Carolina
ACTION op 'TSoyER for tlie conversion of a quantity of 'Corn, the ¡property .of the plaintiff, tried before his Honor ■Judge Ellis, at Eall Term, 1853, of Currituck Superior .Court. One Wilson was in possession of a ¡mill-house, and in it bad a quantity of corn. He sold to the plaintiff’s intestate '•all the corn then in the house for two dollars and a half per barrel, and .agreed to let it remain in the house till the purchaser could take it away in his vessel.
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ACTION op 'TSoyER for tlie conversion of a quantity of 'Corn, the ¡property .of the plaintiff, tried before his Honor ■Judge Ellis, at Eall Term, 1853, of Currituck Superior .Court. One Wilson was in possession of a ¡mill-house, and in it bad a quantity of corn. He sold to the plaintiff’s intestate '•all the corn then in the house for two dollars and a half per barrel, and .agreed to let it remain in the house till the purchaser could take it away in his vessel. Plaintiff’s intestate paid Wilson, subsequently, thirty-five dollars towards the corn. Wilson afterwards' sold and delivered the…
1Opinion of the CourtBattle, J.
The principles applicable to this case have so recently been discussed and settled in this Court, that it will only be neGessary for us to refer to them. Iir Waldo-v. Belcher, 11 Ired. 612, it ivas held, upon the authority of the cases of White y. Wilks, 5 Taun. 196, Austin v. CkayeN, 4 Taun. 644, Burk v. Davis,. 2 M. and Sel. 397, and Devane v. Fennel, 2 Ired. 36, that, if a part only, of a largo quantity of goods be sold, and cannot be ascertained without weighing or measuring or other act separating and distinguishing it from the rest, the purchaser cannot obtain a title to'the ¿bods until…
2Cited by3 opinions
- Whitlock v. Auburn Lumber Co.Supreme Court of North Carolina · 1907
- Whitlock v. . Lumber Co.Supreme Court of North Carolina · 1907
- Albemarle Lumber Co. v. . WilcoxSupreme Court of North Carolina · 1890