Hubler v. Gaston

Citations

• 9 Or. 66

Syllabus

<p>Contract — Present Right of Property does not Attach upon Agreement to Deliver on Demand.</p> <p>Where H. buys Of G. & F. a certain number of bushels of oats of a described quality, for which payment is then made, and they agree to deliver that quantity and quality of oats, in good sacks, on board of the cars when demanded, etc.: Held, that a present right of property did not attach in H.</p> <p>Delivery or Identification Necessary to Pass Right to Goods Purchased.</p> <p>Where the defendants, after admitting the allegation of a complaint which shows a present right of property in the oats sold did not attach in the plaintiff, and then to avoid the effect of their admission, allege, as a defense, that “ after the sale of the oats, plaintiff left them in the defendants’ warehouse,” etc., without alleging any fact to show that the oats sold had been identified, or appropriated to the contract by which the right of property passed to the plaintiff: Held., that such answer was not a defense.</p>