Neal, Morse & Co. v. Boggan
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before Hon. W. W. Wilkerson. cited IBenj. Sales, 425; Shines v. Steiner, 76 Alá. 488; Harmon v. Goetter, 87 Ala. 325 ; Hirschon v. Caney, 98 Mass. 149; Stone v. Perry, 69 Me. 48 ; Seed v. Lord', 66 Me. 580; Hemmett v. Linneman, 49 N. Y., 399; Russell v. Minor, 22 Wendell, 659. No brief on file.
1Opinion of the CourtMcCLELLAN, J.
— Where personalty is sold for cash on delivery, or to be partly paid in money on delivery, or to be paid for in whole or in part with promissory notes, and the like, on delivery, the payment stipulated for, is a condition precedent to the passing of title, into the buyer, and unless it is complied with the seller may reclaim the property. 1 Benj. on Sales (Bev. Ed.) §§ 335-350; Shines v. Steiner, 76 Ala. 458; Harmon v. Goetter, Weil & Co., 87 Ala. 325.
But even in such case if delivery is made to the purchaser without presently demanding the payment thereon required by the contract, the…
2Cases cited15 opinions
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Smith v. . LynesNew York Court of Appeals · 1851
- Wigton v. BowleyMassachusetts Supreme Judicial Court · 1881
- Husted v. . IngrahamNew York Court of Appeals · 1878
- Parker v. . BaxterNew York Court of Appeals · 1881
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3Cited by3 opinions
- Smith v. DannellyAlabama Court of Appeals · 1932
- Crawford v. Spraggins, Buck & Co.Supreme Court of Alabama · 1895
- In re Cullman Fruit & Produce Ass'nDistrict Court, N.D. Alabama · 1907