Gills v. George

Citations

• 18 Ohio C.C. Dec. 583
• 8 Ohio C.C. (n.s.) 393
• 1906 Ohio Misc. LEXIS 199

Syllabus

<p>CONTRACTS — BAILMENTS.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>■CONTBACT BT WHICH Owner SELLS CATTLE TO FARMER AND AGREES TO REPURCHASE Same Cattle at Advanced Price Is Sale and not a Bailment Contract.</p> <p>A contract by the terms of which in the month of November A sells to B a certain number of cattle weighing an ascertained number of pounds, the price to be a stipulated price per pound, and by the terms of which also B sells back to A the same cattle at an increased price per pound, delivery back, to be made between May 15 and June 15 of the following year, when payment on the first sale shall be due, is a contract of sale and not one of bailment. Title passes on delivery to B in the first instance and does not revest in A until the ascertainment of the weight between the dates mentioned so as to determine the price. A loss by lightning before May 15 must fall on B and he is liable to A for the agreed purchase price after June 15.</p> <p>[Syllabus approved by the court.]</p>