John Deere Plow Co. of Moline v. Edgar Farmer Store Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Marathon county: A. H. Reid, Circuit Judge. This is an action of replevin brought by the plaintiff to obtain possession of property conditionally sold to defendant upon the ground that defendant became bankrupt and that therefore plaintiff was entitled to retake the property under the terms and conditions of the contract of sale.
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Appeal from a judgment of tbe circuit court for Marathon county: A. H. Reid, Circuit Judge. This is an action of replevin brought by the plaintiff to obtain possession of property conditionally sold to defendant upon the ground that defendant became bankrupt and that therefore plaintiff was entitled to retake the property under the terms and conditions of the contract of sale. On November 16, 1911, the John Deere Plow Company of Moline, plaintiff, sold to the Edgar Farmer Store Company, the defendant, certain farm machinery to be resold at retail by the defendant. The contract of sale…
1Opinion of the CourtSiebeceeb, J.
The contract in question is in form and substance a conditional contract of sale of the plaintiff’s property to the Edgar Farmer Store Company. Such contracts of sale are recognized in the law of this state as proper modes of transfer. Sec. 2317, Stats.; Wadleigh v. Buckingham, 80 Wis. 230, 49 N. W. 745; Mississippi River L. Co. v. Miller, 109 Wis. 77, 85 N. W. 193. It is stated in the opinion in the Wadleigh Case:
“In the absence of fraud, an agreement for a conditional sale of personal property, accompanied by delivery sub modo, *494is valid as well against third parties as against the parties…
2Cases cited10 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Anderson v. PattersonWisconsin Supreme Court · 1885
- Place v. LangworthyWisconsin Supreme Court · 1861
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3Cited by5 opinions
- International Harvester Co. of America v. PoduskaSupreme Court of Iowa · 1930
- DeLaval Separator Co. v. JonesSupreme Judicial Court of Maine · 1918
- Miles v. SabinOregon Supreme Court · 1918
- In re Chas. M. Ingersoll Co.District Court, N.D. Ohio · 1954
- E. L. Essley Machinery Co. v. First Trust Co.Wisconsin Supreme Court · 1915