McElwee v. Metropolitan Lumber Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of tbe United Btates for the Northern Division of the Western District of Michigan. Two separate aelions of replevin, instituted by McJMlweo & Carney, as plaintiffs, to recover the possession of a large quantity of lumber from the Metropolitan Lumber Company, were by agreement consolidated and tried together.
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In Error to the Circuit Court of tbe United Btates for the Northern Division of the Western District of Michigan. Two separate aelions of replevin, instituted by McJMlweo & Carney, as plaintiffs, to recover the possession of a large quantity of lumber from the Metropolitan Lumber Company, were by agreement consolidated and tried together. The judgment was against the plaintiffs and for the defendant, in the sum of $29,001.05, the value of the lumber taken from the possession of the defendant by the writ of replevin. The plaintiffs have sued out this writ, of error. The facts involved, so far…
1Opinion of the CourtLurtgn, Circuit Judge
Though the agreement was originally executory, being for the Bale of lumber to be manufactured, yet, when the product of a particular month was completed, and it had been inspected and measured, there was a complete bargain and sale of the lumber thus designated. That particular lumber became appropriated to the contract, and the vendee under the agreement was obliged to make Ills promissory note to the vendor for the price, payable 90 days after date. The element necessary to a perfect and complete sale was supplied by the appropriation of a particular lot of lumber to the contract In the…
2Cases cited20 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875
- Hodges v. EastonSupreme Court of the United States · 1882
- Bond v. DustinSupreme Court of the United States · 1884
15 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Louisville & Nashville Railroad v. United StatesSupreme Court of the United States · 1925
- Williams v. PowersCourt of Appeals for the Sixth Circuit · 1943
- Philadelphia & R. Ry. Co. v. MarlandCourt of Appeals for the Third Circuit · 1917
- State ex rel. Vilas v. WhartonWisconsin Supreme Court · 1903
- Belding-Hall Mfg. Co. v. Mercer & Ferdon Lumber Co.Court of Appeals for the Sixth Circuit · 1909
23 more not listed; retrieve them via the Exa API.