Glass v. Blazer Bros.
Missouri Court of Appeals
Appeal from Cass Circuit Court. — Hon. Wm. L. Jarrott, Judge. (1) When anything remains to be done, no title passes, and replevin will not lie. Lingham v. Eggleston, 27 Mich. 329; 1 Benjamin on Sales, see. 417, p. 391; Tiffany on Sales, pp. 83, 87 and 88; Tiedeman on Sales, secs. 87, 207 and 208; Locke v. Express Co., 71 Mich. 263; Lovelace v. Stewart, 23 Mo. 386; Kirby v. Johnson, 22 Mo. 361; 21 Am. and Eng.
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Appeal from Cass Circuit Court. — Hon. Wm. L. Jarrott, Judge. (1) When anything remains to be done, no title passes, and replevin will not lie. Lingham v. Eggleston, 27 Mich. 329; 1 Benjamin on Sales, see. 417, p. 391; Tiffany on Sales, pp. 83, 87 and 88; Tiedeman on Sales, secs. 87, 207 and 208; Locke v. Express Co., 71 Mich. 263; Lovelace v. Stewart, 23 Mo. 386; Kirby v. Johnson, 22 Mo. 361; 21 Am. and Eng. Eney. of Law, p. 628, 629 (notes) 633, 634 and 644; Ober v. Carson, 62 Mo. 213; Cunningham v. Ashbrook, 20 Mo. 560; Suggett v. Carson, 26 Mo. 224; S. W. Freight & C. Co. v. Stanard, 44…
1Opinion of the CourtSmith, P. J.
— This is an action of replevin to recover “two hundred and ten and three-fourth bushels of flax seed, threshed and in sacks.” There was a trial in which plaintiff had judgment and defendants appealed. The plaintiff’s claim of title was based on the following written instrument:
“Freeman, Mo., May 21, 1900.
“This contract witnesseth that Blazer Brothers has this day sold to Alex. Glass, their entire crop of growing flax, consisting of thirty acres of flax, to be delivered at his elevator in Ereeman, not later than Sept. 15, at one dollar per bushel on basis o'f pure.
“(Signed.)
“H. C. Blazer.
“W.…
2Cases cited19 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Boutell v. WarneSupreme Court of Missouri · 1876
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Kaufmann v. SchillingSupreme Court of Missouri · 1874
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3Cited by11 opinions
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