Hagins v. Combs
Court of Appeals of Kentucky
Case 29 — PETITION ORDINARY APPEAR FROM BREATHITT CIRCUIT COURT. 1. Where something remains to be done for the purpose of testing the property, or fixing the amount to be paid, by selecting, weighing, measuring, counting or the like, the property will pass before that act,is done where it is plain from the contract that such was the intention of the parties.
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Case 29 — PETITION ORDINARY APPEAR FROM BREATHITT CIRCUIT COURT. 1. Where something remains to be done for the purpose of testing the property, or fixing the amount to be paid, by selecting, weighing, measuring, counting or the like, the property will pass before that act,is done where it is plain from the contract that such was the intention of the parties. Burr v. Williams, 23 Ark., 244; Ford v. Chambers, 28 Cal., 13; Cummins v. Griggs, 2 Duv., 87; Robins v. Oldham, 1 Duv., 28; Riddle v. Yardanum, 37 Mass., 283; Graff v. Fitch, 58 Ill., 373; Terry v. Wheeler, 25 N. Y., 520; Macomber v.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
Appellants and appellees claimed to be the-owners of cer- / tain saw logs in Breathitt county, Ky., by purchase from the same original owner. Appellants insist they were the first purchasers, and the sole question in this case is whether the title passed to appellants under the state of facts presented in this record. The only material evidence bearing upon the issue is given by the appellant, D. F. Hagins, and is as follows:. “I am one of the plaintiffs in this action. I bought the logs claimed by the plaintiffs in this action from H. D. Back…
2Cases cited2 opinions
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
- Terry v. . WheelerNew York Court of Appeals · 1862
3Cited by6 opinions
- Dover Lumber Co. v. WhitcombMontana Supreme Court · 1917
- Commonwealth v. AdairCourt of Appeals of Kentucky · 1905
- Gaines & Sea v. R. J. Reynolds Tobacco Co.Court of Appeals of Kentucky · 1915
- Lam v. WhiteCourt of Appeals of Kentucky · 1924
- G. I. Frazier Co. v. Owensboro Stave & Barrel Co.Court of Appeals of Kentucky · 1915
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