Horr v. Barker
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was an action for the value of one thousand three hundred and forty barrels of Gallego flour, and three hundred and twenty-four barrels of Ifaxall flour, of the value of twenty thousand dollars, alleged in the complaint to be unlawfully detained by the defendants. The only question in the case, is as to the Gallego flour.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was an action for the value of one thousand three hundred and forty barrels of Gallego flour, and three hundred and twenty-four barrels of Ifaxall flour, of the value of twenty thousand dollars, alleged in the complaint to be unlawfully detained by the defendants. The only question in the case, is as to the Gallego flour. The record discloses the following facts: On the seventeenth of October, 'one thousand eight hundred and fifty-four, J. R. West had, on store, at the warehouse of Til-den…
1Opinion of the CourtBurnett, J.
The only question in this case is, whether the charge of the Court below was correct. ' And the solution of this question will depend upon whether the title to the flour passed from West to the several purchasers.
The delivery by accepted orders upon the warehousemen, would have been clearly sufficient, had the property been segregated. Story on Contracts, § 792; 5 John. R., 335; 3 Caines R., 132.
If the whole lot had been sold to the same person, the delivery would have been sufficient. What difference then will it make in principle when the whole lot is sold to different persons in different…
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