O'Neal v. Stone
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. James T„. Neville, Judge. The transactions were sales or exchanges of goods and not bailments. "When a miller receives wheat from a farmer, for which he agrees to deliver flour and bran on demand it is an exchange or sale, and the title of the wheat passes to the miller at the time of its delivery.
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Appeal from the Greene Circuit Court. — Hon. James T„. Neville, Judge. The transactions were sales or exchanges of goods and not bailments. "When a miller receives wheat from a farmer, for which he agrees to deliver flour and bran on demand it is an exchange or sale, and the title of the wheat passes to the miller at the time of its delivery. The farmer has neither wheat nor flour and bran in the mill until he demands it, but simply a right to demand and receive flour and bran. Lawson on Bailments, 1895, sec. 8, pp. 18 to 23; Benjamin on Sales [6 Am. Ed.], p. 6, n. 6, to sec. 4; 1 Bech. Law…
1Opinion of the CourtBland, P. J.
In September, 1894, and for several years prior thereto, defendant R. C. Stone, owned and operated a flouring mill at Republic, Greene county, Missouri. Con■ne'cted with the mill there was an elevator, in which all wheat purchased by Stone to be ground and received by him on deposit was commingled in this elevator and the general bulk was drawn upon to supply the mill when in operation. On September 30, 1894, the mill and elevator with their contents were totally destroyed by fire, or so damaged as to be worthless. According to the preponderance of the evidence there was at *281the time of the…
2Cases cited5 opinions
- Lyon v. LenonIndiana Supreme Court · 1886
- Hurd v. WestNew York Supreme Court · 1827
- Norton v. . WoodruffNew York Court of Appeals · 1849
- Smith v. ClarkNew York Supreme Court · 1839
- Martin v. Ashland Mill Co.Missouri Court of Appeals · 1892
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- Parlett v. BlakeCourt of Appeals for the Eighth Circuit · 1911