Henney Buggy Co. v. Cathels

Deemer, J.—

Plaintiff claims tbat it delivered some of tbe property in controversy to defendant Catbels, to be sold on commission with tbe agreement tbat the title should remain in it until settled for in cash; and tbat tbe remainder of tbe property was sent to Catbels for storage, and not for sale. Defendant Banker is tbe assignee of Catbels, and be *25and his assignor deny the plaintiff’s claim, and further plead .that Oathels purchased the property from the plaintiff.

2 The sole question in the ■ case is, was the contract between plaintiff and Oathels a sale or a bailment? An-agent of the…