Darden v. Callaghan

Citations

• 3 Cal. Unrep. 581
• 31 P. 263
• 1892 Cal. LEXIS 1049

Syllabus

<p>Conversion—Agreement to Sell.—Where Suit was Brought for the conversion of goods sold to defendant, but which plaintiff claimed had previously been sold to him, and the evidence, instead of showing a sale to plaintiff, tended only to show an agreement to sell, and that the goods should remain with the seller until a certain time, and be paid for on or before delivery, an instruction giving the essentials of a contract of sale is improper, as the belief might thus be induced that, under such a contract, plaintiff would have sufficient title to maintain the suit.</p>