Courtright v. Leonard
Supreme Court of Iowa
Appeal from Fes Moines Fistrict Court. Replevin for 25,000 brick, which plaintiffs claim to have bought of one Moore, and which were levied upon by one of the defendants, as sheriff, under an attachment, at the suit of Leonard, against ’ said Moore. The facts attending the sale by Moore to plaintiffs are as follows: On the 27th of September, 1857, Moore was indebted to plaintiffs near the sum of $150, which he agreed to pay them out of a kiln of brick which he had made.
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Appeal from Fes Moines Fistrict Court. Replevin for 25,000 brick, which plaintiffs claim to have bought of one Moore, and which were levied upon by one of the defendants, as sheriff, under an attachment, at the suit of Leonard, against ’ said Moore. The facts attending the sale by Moore to plaintiffs are as follows: On the 27th of September, 1857, Moore was indebted to plaintiffs near the sum of $150, which he agreed to pay them out of a kiln of brick which he had made. The kiln contained 110,000, each arch containing between 9,000 and 10,000. Plaintiffs’ agent, at their request, examined the…
1Opinion of the CourtWright, J.
The question presented for our consideration *34is not, as suggested by appellant’s counsel, whether this sale was good between the parties to it, or as to third persons, under the statute of frauds (Code, sections 24-10, clause 1,) but whether there was such a sale by Moore, to plaintiffs, as passed the title, without any other or further act.
It is claimed the sale was complete, for the reason that the delivery was as perfect as could, at the time be made in view of the character of the property sold. Delivery, it is conceded, completes the sale and vests the property in the vendee, but such…
2Cases cited2 opinions
- Outwater v. DodgeNew York Supreme Court · 1827
- Cook v. LoganSupreme Court of Iowa · 1858
3Cited by11 opinions
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
- Welch v. SpiesSupreme Court of Iowa · 1897
- Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
- Hahn v. FredericksMichigan Supreme Court · 1874
- Martin Bros. & Co. v. LesanSupreme Court of Iowa · 1906
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