Horr v. Barker

Citations

• 8 Cal. 603

Syllabus

<p>Where the owner of a certain number of barrels of flour on storage in a warehouse sold them all to different purchasers, giving them orders on the warehouseman, which were given by the purchasers to the warehouseman, and new receipts given to them in their own names by the latter, and entries made on his hooks charging the vendor, and crediting the purchasers with their respective lots : Held, that there was a sufficient delivery of possession without a separation of the various lots.</p> <p>Where the vendor only sells a part of goods on storage, those sold, if all together and of the same mark, must be separated from the larger mass, in order to change the possession ; hut where all the goods of the vendor in the hands of a third party, are sold, the change of possession ip complete by delivery of the order, taking a new receipt, and entry of the transaction on the books of the warehouseman.</p> <p>The different purchasers have a right to leave the goods, so by them purchased, in one mass, subject to an apportionment between themselves of any loss.</p>