Crapo v. Seybold
Michigan Supreme Court
Error to Ionia Circuit. This was replevin for some wheat which the plaintiff, ^Seybold, claimed by virtue of a purchase of an interest in the growing crop, to be paid for in oats to be delivered at -a future time. The suit was originally brought in justice’s •court, where judgment passed for defendant, and the plaintiff- appealed.
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Error to Ionia Circuit. This was replevin for some wheat which the plaintiff, ^Seybold, claimed by virtue of a purchase of an interest in the growing crop, to be paid for in oats to be delivered at -a future time. The suit was originally brought in justice’s •court, where judgment passed for defendant, and the plaintiff- appealed. In the circuit the plaintiff had judgment, and •defendant brought error and the judgment was reversed and a new trial ordered: see 35 Mich., 169. On the new trial plaintiff again recovered, and defendant has again brought ■ error.
1Opinion of the Court
Marston, J:
This case was before us and decided at the October term (35 Mich., 169), when we held the contract was an executory one, and that the title to the oats and wheat had not passed. A new trial having been ordered, was had and proceeded upon the theory that the parties at the time of their agreement did not intend that the title to any particular one hundred bushels of oats should then pass, but that the oats should be delivered at some future time when demanded, but that the title to the wheat should and did then pass, and that such possession as could be given of growing wheat was…
2Cases cited1 opinion
- Crapo v. SeyboldMichigan Supreme Court · 1876
3Cited by3 opinions
- Freese v. ArnoldMichigan Supreme Court · 1894
- Cronk v. MulvaneyMichigan Supreme Court · 1912
- Patten v. DownerMichigan Supreme Court · 1924