Ellis v. Woodruff

Citations

• 88 Kan. 734
• 129 P. 1193
• 1913 Kan. LEXIS 411

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale-—-Merchandise—Contract—Proceeds—Trastee—Attachments—Liens—Interpleas. The owner of a stock of merchandise, store furniture and fixtures sold the same to two purchasers who jointly executed promissory notes for the purchase price; at the same time a combined bill of sale and contract was executed between the purchasers, which recited the amount owing by the purchasers to the seller, evidenced by notes of even date with the contract; also; that the purchasers “have agreed to apply the net proceeds from sales from said stock and all other goods put into said stock toward the payment of said notes. It is therefore agreed that Miss !-- be appointed trustee to receive all moneys coming in from sales of said stock.” Then follows an agreement as to how the money shall be applied, where deposited, etc. Nothing, however, is said in this contract in reference to the possession of the property sold. Whenever the third person is referred to therein it is as “trustee.” Held, that the instrument did .not vest the right of'possession of the property in the third person or give her a lien thereon, but simply made her a trustee to receive and apply the money taken in for retail sales or from sales in bulk as directed thereby.</p> <p>2. -Pleadings—No Issue of Fact Presented. No issue of fact is presented by the pleadings in this case.</p>