Hanauer v. Bartels
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. This is an action of replevin, in which, the appellees filed their declaration, in one count only, claiming that the appellants unjustly detained two hundred and forty-six sacks of flour, valued at $2,460, the goods and chattels of the appellees, to the damage of the appellees $1,000. To which declaration appellants pleaded: First, non detinet; second, property in appellants; third, property in one Matzdorf.
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Appeal from District Court, Arapahoe County. This is an action of replevin, in which, the appellees filed their declaration, in one count only, claiming that the appellants unjustly detained two hundred and forty-six sacks of flour, valued at $2,460, the goods and chattels of the appellees, to the damage of the appellees $1,000. To which declaration appellants pleaded: First, non detinet; second, property in appellants; third, property in one Matzdorf. Upon the trial below it was shown in evidence that McCormick had received from Bartels & Co. certain groceries, and was to pay for them in…
1Opinion of the CourtBeleord, J.
The contract obligated McCormick to deliver the flour in controversy to Bartels & Co., at the city of Denver. The carrier was not the designated agent of the vendees, and consequently a delivery to him cannot be regarded as a delivery to them. The flour, at the time the contract was made, was yet to be manufactured and the title could not vest in the vendees until it was ground and until there was a delivery and acceptance by them. The rule applicable to the sale of a specific and ascertained article cannot obtain here. Something was to be done on the part of the seller, and until it was…
2Cases cited4 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Tome v. DuboisSupreme Court of the United States · 1868
- Brizsee v. MaybeeNew York Supreme Court · 1839
- Allen v. LeeWisconsin Supreme Court · 1858
3Cited by6 opinions
- Davis Cattle Co., Inc. v. Great Western Sugar CompanyDistrict Court, D. Colorado · 1975
- Duran v. Housing Authority of County of DenverSupreme Court of Colorado · 1988
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
- Belcoe v. HeffelfingerSupreme Court of Colorado · 1935
- Greeley, Salt Lake & Pacific Railway Co. v. YountColorado Court of Appeals · 1895
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