Graff v. Fitch

Citations

• 58 Ill. 373

Syllabus

<p>1. Growing crops—parol sale. Growing crops are a proper subject of sale as personal property by parol, anil such sales are valid as against creditors of the vendor.</p> <p>3. Sale of personal property—when complete, so as to pass the tiüe. The general doctrine in regard to the sale of personal property may be stated to be that, where some act remains to be done in relation to the articles which are the subject of the sale, as that of weighing or measuring to determine tlie quantity, if the price depends on that, unless it is to be done by the buyer alone, and there is no evidence tending to show an intention of the parties to make an absolute and complete sale, the property does not pass to the vendee until sucli act is performed, but where it appears that the parties intended that the sale should be complete before the articles sold are weighed or measured, the property will pass before this is done.</p> <p>3. A party sold a part of a field of growing- corn, designating the part sold so as to distinguish it from the remainder by cutting off the tops of one row of the corn for a considerable distance in from the fence. The purchaser paid $80 in cash, but the vendor, when the crop matured, was to put it partly in shock and snap the remainder, when the corn was to be measured and paid for by the bushel. Subsequently, and before anything further was done in regard to it, the corn was levied on by virtue of an execution against the vendor. Upon a trial of the right of property, at the suit of the vendee, there being- evidence tending to show it was the intention of the parties that the sale should be complete and absolute at the time of making the contract, an instruction which directed the jury, if, by the terms of the purchase, the defendant in the execution was to cut and shock a part of the corn and to gather the remainder, and that the quantity was then so to be ascertained and the same paid for at forty cents per bushel, that in such case no title passed to the