Frost v. Woodruff

Citations

• 54 Ill. 155

Syllabus

<p>1. Sale oe personal property—what is requisite, to pass title. As between the parties to a contract of sale, of personal property, a delivery of the goods is unnecessary to render the contract binding. And the property may remain with the vendor any length of time if the vendee takes it into possession before any lien attaches to it while in the hands of the vendor, provided the transaction between vendor and vendee is bona fide.</p> <p>2. In the sale of personal property, so long as anything remains to be done to complete the contract, such as ascertaining quantity, or delivering possession, the title does not pass.</p> <p>3. So where a party contracted for the purchase of a lot of cord wood before it was all cut, the wood to be measured and delivered by the choppers when they had finished chopping, it was held, the measurement was requisite to passing the title, and until such measurement, the wood was subject to seizure and sale under execution against the vendor.</p>