Williams v. Gray
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. I. To constitute a delivery in this case it was necessary that Evans should relinquish his claim to the property sold as owner and that Williams should assume the control of it, or that some act should have been performed, by the seller which by the consent of both parties should be regarded as a surrender of possession by the seller and an acceptance of possession by the buyer.
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Appeal from, St. Louis Circuit Court. I. To constitute a delivery in this case it was necessary that Evans should relinquish his claim to the property sold as owner and that Williams should assume the control of it, or that some act should have been performed, by the seller which by the consent of both parties should be regarded as a surrender of possession by the seller and an acceptance of possession by the buyer. Without such delivery the sale was incomplete — 2 Sto. on Cont. §§ 799, 800 b, 801 a, 805, 809, 810 ; Long on Sales, 275, 276, 286 ; Hart v. Tyler, 15 Pick. 171; Whitney v. Linde,…
1Opinion of the CourtWagner, Judge
Williams, the appellant, sued Evans, the respondent, claiming the sum of twenty-five hundred dollars as damages for the alleged non-delivery of the two slaves, named Isham and Judy Ann, which he alleged he had purchased of the respondent for the sum of nineteen hundred and fifty dollars cash paid for the same-.
From the record, the facts appear to be that the slaves had been arrested by order of respondent and committed to the custody of the jailor of St. Louis county as his property. Whilst they were in jail the appellant purchased them from the respondent for the sum of nineteen hundred and…
2Cases cited8 opinions
- Olyphant v. BakerNew York Supreme Court · 1848
- Willis v. Willis' AdministratorsCourt of Appeals of Kentucky · 1837
- Barrett v. GoddardU.S. Circuit Court for the District of Massachusetts · 1822
- Heine v. AndersonThe Superior Court of New York City · 1853
- Wing v. ClarkSupreme Judicial Court of Maine · 1844
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3Cited by10 opinions
- State ex rel. Gates v. FitzpatrickSupreme Court of Missouri · 1876
- Glass v. GelvinSupreme Court of Missouri · 1883
- Hamilton v. ClarkMissouri Court of Appeals · 1887
- Wheless v. Meyer-Schmid Grocer Co.Missouri Court of Appeals · 1909
- Orange Belt Land Exchange, Inc. v. SpeerSupreme Court of Florida · 1930
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