Eads v. Kessler

Citations

• 121 Cal. 244
• 53 P. 656
• 1898 Cal. LEXIS 884

Syllabus

<p>Sale of Patent Rights—Executory Contract—Attachment—Vendor’s Lien.—An attachment may issue in an action to recover purchase money due under an executory contract for the sale of patent rights. The claim therefor is not secured by a vendor’s lien upon the property sold, as no such lien exists under an executory contract for the-sale .of personal property, where title has not passed; and a motion-to discharge the attachment on account of the alleged existence of such a lien is properly denied.</p> <p>Id.—Lien upon Sale of Personal Property—Construction of Code—Common Law.—Section 3049 of the Civil Code, which provides that “one who sells personal property has a special lien thereon dependent upon possession, for its price,” etc., is merely declaratory of the common law, under which such a lien does not exist, unless there has been a complete sale which passes the title to the property to the vendee, without delivery of possession, and does not attach when there is a mere executory contract to sell upon compliance with certain conditions by the party proposing to buy.</p>