Baker v. Priebe
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. The opinion contains a statement of the case.
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Error from the district court of Lancaster county. Tried below before Hall, J. The opinion contains a statement of the case. The fundamental distinction between a bailment for hire and a conditional sale is that in the former the identical thing delivered, in the same or in an altered form, is to be restored, and the title is not changed; while in a sale there is no obligation to return the specific property, but the party receiving it is at liberty to return another thing of equal value, either in the form of money or otherwise. The relation of debtor and creditor is established for the…
1Opinion of the CourtHolcomb, J.
The determination of this case hinges upon the proper construction to be given to the following contract:
“Contract for Bent of Goods from C. J. Baber, 307 South 6th Street, St. Joseph, Mo.
“C. Priebe, May 8th, 1895, the undersigned, agree to the following: We hereby rent from C. J. Baber, 307 South 6th street, St. Joseph, the following described property:
To be used for medicine business; to be used at various towns; to be shipped from St. Joseph, Mo., via St. Joseph and G. I. B. B.; to be returned from......via...... on the____day of____... of 189..
“The conditions of this contract are:
“First.…
2Cases cited1 opinion
- Harrison v. LenzAppellate Court of Illinois · 1893
3Cited by2 opinions
- Southwestern Truck Sales and Rental Co. v. JohnsonNebraska Supreme Court · 1957
- United Shoe Repairing Machine Co. v. AsoumanakisWisconsin Supreme Court · 1920