Wells v. Littlefield
Texas Supreme Court
Appeal from Lampasas. Tried below before the Hon. W. A. Blackburn. Suit by the appellee, Geo. W. Littlefield, against Marshall Wells for the recovery of one thousand and eighteen head of cattle, of which plaintiff claimed to be the owner, and which were alleged to have, been taken possession of and unlawfully withheld by defendant. Plaintiff obtained a writ of sequestration.
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Appeal from Lampasas. Tried below before the Hon. W. A. Blackburn. Suit by the appellee, Geo. W. Littlefield, against Marshall Wells for the recovery of one thousand and eighteen head of cattle, of which plaintiff claimed to be the owner, and which were alleged to have, been taken possession of and unlawfully withheld by defendant. Plaintiff obtained a writ of sequestration. The petition alleged the average value of the cattle to be §9.80 per head, and the aggregate value to be §10,000. Defendant Wells filed his answer, in which he pleaded: 1st. General denial. 2d. That on August —, 1881, L.…
1Opinion of the Court
Willie, Chief Justice. —
It is a general principle of the law regulating sales of personal property, that when anything remains to be done to the thing sold to identify it or discriminate it from other things, the sale is not complete. 1 Pars, on Con., 527; Blackburn on Sales, 152; Benjamin on Sales, §§ 311a, 319.
This rule admits of many qualifications, and if the clear intention of the parties is that the property shall pass notwithstanding something remains to be done to it before it is definitely ascertained, the sale will be considered executed. Benj. on Sales, § 311.
It seems, also, that…
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