H. S. Morgan & Co. v. Taylor

Citations

• 32 Tex. 363

Syllabus

<p>1— A producer of cotton, still ungathered, contracted verbally with his creditor that he, the producer, would gather the cotton and take it to a designated ginhouse, to be ginned and baled ; that the creditor should furnish the baling and rope, take the cotton to market when baled, sell it and apply the proceeds to the producer’s indebtedness. The producer gathered the cotton and took it to the gin, where'it was received as his property, and where it was soon afterwards attached by another of his creditors. A trial of the right of property ensuing between the attaching creditor and the other one, who claimed to be a purchaser by virtue of the above contract, it is held that the contract did not constitute a sale of the cotton, or divest the property out of the producer as against the attachment.</p> <p>2— The indispensable element of a delivery is wanting to constitute this transaction a sale, or to change the property as against the attachment.</p> <p>3— The further fact that an agent of the contracting creditor marked some of the cotton with the mark of the producer, while it was at the gin, tends rather to repel than to support an inference of a delivery under the contract.</p> <p>4— See the statement of the case for instructions to the jury, which are highly commended by this court as a clear exposition of the law applicable to the facts.</p>