O'Keefe v. Leistikow
North Dakota Supreme Court
Appeal from District Court, Walsh county; Kneeshaw, J. Action by William O’Keefe against William C. Leistikow. Judgment for plaintiff, and defendant appeals. When the agreement of sale is for a part of a specified stock or mass, a separation and appropriation of the part are necessary, and until they are made the contract is executory and the property in the thing does not pass. 2 Shouler’s Personal Property, 256, 257; Meser v. Woodman, 53 Am. Dec. 274; 24 Am. & Eng. Enc.
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Appeal from District Court, Walsh county; Kneeshaw, J. Action by William O’Keefe against William C. Leistikow. Judgment for plaintiff, and defendant appeals. When the agreement of sale is for a part of a specified stock or mass, a separation and appropriation of the part are necessary, and until they are made the contract is executory and the property in the thing does not pass. 2 Shouler’s Personal Property, 256, 257; Meser v. Woodman, 53 Am. Dec. 274; 24 Am. & Eng. Enc. Law (2d Ed.) 1055, 2 Kent, 496; Cleveland v. Williams, 94 Am. Dec. 274; Woods v. McGee, 30 Am. Dec. 202; Warten v. Strane,…
1Opinion of the CourtMorgan, C. J.
Action for the purchase price of seventy bushels of flax. The question involved is whether the transaction involved constituted a sale or a contract for sale, and whether the title to the flax passed to the defendant or not. The facts are as follows: Defendant wrote plaintiff, asking him whether he bad some flax for sale. Plaintiff answered by letter, saying that he had seventy bushels of flax for sale. Defendant immediately answered plaintiff’s letter, and asked him whether the flax was clean, and how much he wanted for it. This letter was answered, and in the answer plaintiff stated that…
2Cases cited13 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Blackwood v. Cutting Packing Co.California Supreme Court · 1888
- Robinson v. Bd. of Supervisors of SacramentoCalifornia Supreme Court · 1860
- Welch v. SpiesSupreme Court of Iowa · 1897
- Mackellar v. PillsburySupreme Court of Minnesota · 1892
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3Cited by3 opinions
- Juno v. Northland Elevator Co.North Dakota Supreme Court · 1927
- St. Anthony & Dakota Elevator Co. v. County of CassNorth Dakota Supreme Court · 1905
- Mayer v. GibsonWashington Supreme Court · 1921