Bayliss v. Davis
Supreme Court of Iowa
Appeal from, Dinn District Court.. This is an action for tbe recovery of five Massillon harvesters. The plaintiff claimed that he was the absolute owner of the harvesters, and that they were in the possession of one Stinson, plaintiff’s agent, for the purpose of sale; that the defendant had knowledge of the contract of agency existing between plaintiff and Stinson, and that Stinson was insolvent and intended to. defraud his creditors, and, with this knowledge, defendant…
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Appeal from, Dinn District Court.. This is an action for tbe recovery of five Massillon harvesters. The plaintiff claimed that he was the absolute owner of the harvesters, and that they were in the possession of one Stinson, plaintiff’s agent, for the purpose of sale; that the defendant had knowledge of the contract of agency existing between plaintiff and Stinson, and that Stinson was insolvent and intended to. defraud his creditors, and, with this knowledge, defendant pretended to purchase said harvesters of Stinson in violation of said contract of agency. A copy of the contract was…
1Opinion of the CourtRothrock, J.
l. principal condffioíiai sale: contract. I. The principal question submitted for our determination involves a construction of the contract between the plaintiff and Stinson. It is claimed by plaintiff that he retained the title to the property in controversy, and that Stinson was merely his agent for the sale thereof. The defendant claims that when the possession of the property passed to Stinson the title also passed.
The contract in question, instead of being a brief and clear statement of the agreement of the parties, as all such instruments ought to be, is as voluminous as an insurance…
2Cited by7 opinions
- Arbuckle Bros. v. Gates & BrownSupreme Court of Virginia · 1898
- Norwegian Plow Co. v. ClarkSupreme Court of Iowa · 1897
- Rotterman v. General Mills, Inc.Supreme Court of Iowa · 1953
- Graham v. SadlierIllinois Supreme Court · 1896
- Holbert v. KellerSupreme Court of Iowa · 1913
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