Cassinelli v. Humphrey Supply Co.
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Action by Pietro Cassinelli against the Humphrey Supply Company. Judgment for defendant, and plaintiff appeals. There was a bona-fide sale of specified and ascertained property, though the quantity by which the whole purchase price was to be ascertained was not determined.
Read the full summary
Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Action by Pietro Cassinelli against the Humphrey Supply Company. Judgment for defendant, and plaintiff appeals. There was a bona-fide sale of specified and ascertained property, though the quantity by which the whole purchase price was to be ascertained was not determined. It can scarcely be denied that hay stacked in a deliverable condition, all raised and grown upon the same farm, is “fungible goods.” The term “fungible” has been applied to grain, oil, and wine. Williston on Sales, sec. 159. It has also been…
1Opinion of the Court
By the Court,
Ducker, J.:
The appellant, who was plaintiff in the court below, brought his action against the Humphrey Supply Company to recover the unpaid purchase price of 296|- tons of hay. The complaint alleges that at the time of the sale the hay was in a deliverable condition, and was *213agreed to be delivered and was delivered in the stack at and where the same was then stacked, and nothing remained to be done with reference thereto to pass the title to defendant, and it was the intention of plaintiff and defendant to pass the title to the hay by agreement, and that the title did thereby…
2Cases cited7 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Commercial National Bank v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1916
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Welch v. SpiesSupreme Court of Iowa · 1897
- Kingman v. HolmquistSupreme Court of Kansas · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Garaventa v. GardellaNevada Supreme Court · 1946
- Eastern Rolling Mill Co. v. MichlovitzCourt of Appeals of Maryland · 1929
- Doty v. O'NeillAppellate Court of Illinois · 1933
- Lansdowne Distillery, Inc. v. Duggan's Distillers Products Corp.Court of Appeals of Maryland · 1949
- Warren v. WilsonNevada Supreme Court · 1923