Collins v. Wayne Lumber Co.
Supreme Court of Missouri
Appeal from Wayne Circuit Court. — Hon. J. P. G-reen, Judge. (1) The title does .not pass where.goods are sold and something besides, mere delivery remains to be done by the vendor respecting the subject-matter of sale. Benjamin on Sales [2. Am. Ed], sec. 352..
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Appeal from Wayne Circuit Court. — Hon. J. P. G-reen, Judge. (1) The title does .not pass where.goods are sold and something besides, mere delivery remains to be done by the vendor respecting the subject-matter of sale. Benjamin on Sales [2. Am. Ed], sec. 352.. (2) Replevin can not be maintained in this state upon .an executory contract of sale., Boutel v. Warrie, 62 Mo. 350; Benjamin on Sales, sec. 99. (3)- A bill of sale is neither under seal nor acknowledged. . Wherein are they, sacred? The court will construe these bills of sale with the contract out of which they grew, and.of which they…
1Opinion of the Court
Gantt, P. J. —
This is an action of replevin commenced by Calvin F. Collins, W. D. Brewer and Frank C. Brewer, dealers in lumber under the name of C. F. Collins & Company against the Wayne Lumber Company, a corporation, engaged in manufacturing lumber at Clearwater, in Wayne county, Missouri.
The petition, affidavit and bond for the replevin are in the usual form describing two million, six hundred and eighty-six thousand, four hundred and ninety-two feet of yellow pine lumber, by the number of pieces of each size and dimensions in one hundred and forty-six piles of lumber, marked “C. & Co.” in…
2Cases cited6 opinions
- State v. SmithSupreme Court of Missouri · 1883
- State v. RichardsonSupreme Court of Missouri · 1893
- E. Epstein & Co. v. Meter Bros. Drug Co.Texas Supreme Court · 1891
- Glasgow v. NicholsonSupreme Court of Missouri · 1857
- Swartz v. ChappellSupreme Court of Missouri · 1854
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3Cited by4 opinions
- Roe v. Bank of VersaillesSupreme Court of Missouri · 1902
- Poplin v. BrownMissouri Court of Appeals · 1918
- Vivian v. RobertsonSupreme Court of Missouri · 1903
- State Ex Rel. Major v. AllenSupreme Court of Missouri · 1925