Johnson v. Hibbard
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. This is an action by J. Johnson and Company against George L. Hibbard to recover eight hundred and fifteen dollars for goods sold and delivered at and for an agreed price. The defendant denies all the allegations of the complaint, except the copartnership of plaintiffs, and that certain goods were delivered.
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Appeal from Multnomah: E. D. Shattuck, Judge. This is an action by J. Johnson and Company against George L. Hibbard to recover eight hundred and fifteen dollars for goods sold and delivered at and for an agreed price. The defendant denies all the allegations of the complaint, except the copartnership of plaintiffs, and that certain goods were delivered. At fthe trial, the plaintiffs offered testimony tending to show that the defendant, at Portland, Oregon, had ordered from plaintiffs, at Rochester, New York, through their traveling salesman, certain boots and shoes, to be manufactured for…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
In the sale of articles or goods to be manufactured it is clear that no title passes to any specified articles or designated lot of- goods until their manufacture is completed, and they, by the understanding and consent, express or implied, of the parties to the sale, have been selected or designated, and set apart to the purchaser. The contract for such a sale, like a contract for the sale of goods not specified, is executory in its nature, and it does not become a complete bargain and sale until the identical goods to which the contract is to attach are…
2Cases cited4 opinions
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- Martz v. PutnamIndiana Supreme Court · 1889
- Brigham v. HibbardOregon Supreme Court · 1896
- Brewer v. Michigan Salt Ass'nMichigan Supreme Court · 1882
3Cited by5 opinions
- Stewart v. Henningsen Produce Co.Supreme Court of Kansas · 1913
- Eaton v. BlackburnOregon Supreme Court · 1908
- Wadhams v. BalfourOregon Supreme Court · 1898
- Lewiston Milling Co. v. CardiffCourt of Appeals for the Ninth Circuit · 1920
- Herring Hall Marvin Safe Co. v. EvattUnited States Board of Tax Appeals · 1945