Cobb v. Tufts
Court of Appeals of Texas
Error from Wise County.
1Opinion of the Court
Opinion by
Willson, J.
§ 152. Sale; what does and what does not constitute. To constitute a sale of property, the title to, or property in, the thing, must pass from the seller to the buyer. Every sale transfers the property, and that is not a sale which does not transfer the property in the thing sold. A transfer only of the special property, and not of the general or absolute title, is not a sale of the thing. [Woods v. Half, 44 Tex. 633; Benjamin on Sales, § 68; Hunt v. Wyman, 100 Mass. 198; Fuller v. Buswell, 34 Vermont, 107.]
§ 158. Same; conditional and incomplete. Where a sale is made and…
2Cases cited6 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
- Ridgeway v. KennedySupreme Court of Missouri · 1873
- L. H. Woods & Co. v. Half, Weiss & Co.Texas Supreme Court · 1876
- Hotchkiss v. HuntSupreme Judicial Court of Maine · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stamps v. Gilman & Co.Mississippi Supreme Court · 1871