Rail v. Little Falls Lumber Co.
Supreme Court of Minnesota
Action brought in a justice’s court in Morrison county, to recover $47.90, the unpaid instalment of the price of certain logs, according to the following agreement, signed by both parties: “Little Falls, Minn., April 19, 1889. “I, Case Eail, hereby sell to the Little Falls Lumber Co. 247 logs marked ‘C. R.’ and stamped ‘ C. R.,’ and scaling 61,300 feet, at $7.00 per thousand feet, to be delivered by me in the Mississippi river, the same being now banked on the Crow Wing…
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Action brought in a justice’s court in Morrison county, to recover $47.90, the unpaid instalment of the price of certain logs, according to the following agreement, signed by both parties: “Little Falls, Minn., April 19, 1889. “I, Case Eail, hereby sell to the Little Falls Lumber Co. 247 logs marked ‘C. R.’ and stamped ‘ C. R.,’ and scaling 61,300 feet, at $7.00 per thousand feet, to be delivered by me in the Mississippi river, the same being now banked on the Crow Wing river, at Pillager. Payments to be made as follows, viz.: $150.00 down, $120.00 when said logs are delivered in the…
1Opinion of the CourtCollins, J.
The single question here presented is whether the contract entered into between these parties was an executed one, or simply executory. If the former, the title to the logs, completely identified and described in the writing, vested in the vendee corporation; the risk attendant upon the title and the subsequent loss, *424which was by fire, must be borne by it, unaffected by the fact that the vendor was to make delivery in the Mississippi river.
There is a seeming confusion in the decisions as to when the title to personal property does pass on sale, but it has arisen out of a failure to clearly…
2Cases cited12 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Cleveland v. WilliamsTexas Supreme Court · 1867
- Terry v. . WheelerNew York Court of Appeals · 1862
- Nash v. BrewsterSupreme Court of Minnesota · 1888
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3Cited by27 opinions
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- E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1913
- Watson v. GoldsteinSupreme Court of Minnesota · 1928
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