Bell v. Farrar

Citations

• 41 Ill. 400

Syllabus

<p>1. Witness—competency — interest. Where one who claims to have purchased goods sold them to another, in a suit involving the question of title between the first vendor and the last purchaser, the former claiming title upon the ground that his sale had not been consummated so as to pass the title, the intervening purchaser is a competent witness on behalf of his vendee. His interest is equally balanced between the parties.</p> <p>2. Sale—vihen complete, so as to pass the title—delivery of the property sold. Where a party sold a quantity of oats, and delivered them, to be weighed and then paid for, no time being fixed when they were to be weighed, the facts showing that a credit was to be given, the sale became complete upon such delivery, it not being essential, to pass the title, that the oats should first be weighed to ascertain the quantity.</p>