Deutsch v. Dunham
Supreme Court of Arkansas
Appeal from Lee Circuit Court. Hance N. Hutton, Judge. The sale was complete, and the title passed, when the lumber was delivered and appellant had offered to inspect and pay for same. Generally speaking, the time of transfer of title is dependent upon the intention of the parties. Tied.
Read the full summary
Appeal from Lee Circuit Court. Hance N. Hutton, Judge. The sale was complete, and the title passed, when the lumber was delivered and appellant had offered to inspect and pay for same. Generally speaking, the time of transfer of title is dependent upon the intention of the parties. Tied. Sales, § 84; 111 Mass. 10; 1 Mechem, Sales, § 511. But where the goods are such as the buyer is bound by his contract to accept, and nothing remains after delivery but to ascertain the price, the title passes at once on delivery. 1 Mechem, Sales, § § 5x2, 519; 39 111. 31; lb. 195; 65 Id. 322; 2 Duv. (Ky.) 87;…
1Opinion of the CourtBattue, J.
Albert Deutsch commenced an action of replevin against Dunham & Nelson to recover the possession of certain oak and gum lumber described in his complaint. The defendants denied that he was the owner or entitled to the possession of the lumber. The issues were tried by a jury, and a verdict was rendered for the defendants, and the plaintiff appealed.
The oak lumber was claimed by appellant under a written contract between him and appellees, dated March 27, 1899, which is as follows:
“This is to witness a contract this day entered into by and between Albert Deutsch, party of the first part, and…
2Cited by9 opinions
- Brown & Hackney, Inc. v. LovelessSupreme Court of Arkansas · 1922
- Georgia Marble Finishing Works v. MinorSupreme Court of Arkansas · 1917
- Hodges Bros. v. Bank of CoveSupreme Court of Arkansas · 1915
- American Hardwood Lumber Co. v. Milliken-James Hardwood Lumber Co.Supreme Court of Arkansas · 1919
- Collin County National Bank v. HarrisSupreme Court of Arkansas · 1909
4 more not listed; retrieve them via the Exa API.