Willman Mercantile Co. v. Fussy
Montana Supreme Court
Appeal from Fourth Judicial District, Missoula County. Action for goods sold. Defendant’s motion for a nonsuit was granted by Brantley, J. Statement of the case by the justice delivering the opinion: Plaintiff sues the defendant for the balance due on a carload of apples, sold and delivered by plaintiff to defendant about October, 1891. Defendant denies the sale and delivery, or any balance due to plaintiff, and sets up that about November, 1891, the apples, as property of…
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Appeal from Fourth Judicial District, Missoula County. Action for goods sold. Defendant’s motion for a nonsuit was granted by Brantley, J. Statement of the case by the justice delivering the opinion: Plaintiff sues the defendant for the balance due on a carload of apples, sold and delivered by plaintiff to defendant about October, 1891. Defendant denies the sale and delivery, or any balance due to plaintiff, and sets up that about November, 1891, the apples, as property of plaintiff, were delivered to defendant, to be sold on commission for plaintiff. The defendant sold the same, and, after…
1Opinion of the CourtHunt, J.
— The question to decide is whether or not, under the facts, tile district court correctly held that the title to the apples, and the control over them, remained in the plaintiff, vendor, or passed to the defendant as vendee.
From the statement settled by the judge, and the evidence in the record, it appears that about October 31, 1891, at St. Joseph, Missouri, through one Brown, a broker, acting for defendant at Missoula, Montana, plaintiff received an order for a carload of apples of a designated bind. Brown offered a price which plaintiff accepted, “free on board cars at St. Joseph,…
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