Estis v. Harnden
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) A contract for the sale of specific, ascertained goods, then ready for delivery, for a price agreed on vests the property thereto immediately in the buyer, unless it is shown by the language and surrounding circumstances that such was not the intention of the parties, so title to the cow in question passed to appellant at the time he paid the $2.50 on the purchase price thereof and his right of possession…
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Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) A contract for the sale of specific, ascertained goods, then ready for delivery, for a price agreed on vests the property thereto immediately in the buyer, unless it is shown by the language and surrounding circumstances that such was not the intention of the parties, so title to the cow in question passed to appellant at the time he paid the $2.50 on the purchase price thereof and his right of possession accrued when he demanded possession of the cow offering the balance of the agreed purchase price. Sigerson v. Kalmann, 39…
1Opinion of the CourtGray, J.
This is an action of replevin for a cow, commenced before a justice of tbe peace in Jasper county. The defendants were successful in the justice, court, and the plaintiff appealed to the circuit court of said county. On the trial in the circuit court without a jury, the defendants were again successful, and the plaintiff appealed to this court..There is but little dispute about the facts. The defendants were originally the owners of the cow and had sent word to the plaintiff that the animal was for sale. The plaintiff, with one Mr. Farris, went to the defendants’ premises for the purpose of…
2Cases cited8 opinions
- Glass v. Blazer Bros.Missouri Court of Appeals · 1902
- Wheless v. Meyer-Schmid Grocer Co.Missouri Court of Appeals · 1909
- Redlands Orange Growers Ass'n v. GormanMissouri Court of Appeals · 1898
- Sigerson v. KahmannSupreme Court of Missouri · 1866
- Stumpf v. MuellerMissouri Court of Appeals · 1885
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3Cited by5 opinions
- Jones v. Commercial Investment TrustUtah Supreme Court · 1924
- Mallory Motor Company v. OverallMissouri Court of Appeals · 1955
- Lumsden v. HowardMissouri Court of Appeals · 1922
- Roaring Fork Potato Growers' Ass'n v. C. C. Clemens Produce Co.Missouri Court of Appeals · 1914
- Messenbaugh v. GollMissouri Court of Appeals · 1918