In re Columbus Buggy Co.

Citations

• 143 F. 859
• 74 C.C.A. 611
• 1906 U.S. App. LEXIS 3792

Syllabus

<p>1. Sales—Bailments foe Sale—Distinguishing Characteristics.</p> <p>An agreed price, a vendor, a vendee, an agreement of the vendor to sell and of the vendee to buy for and pay the agreed price are essential attributes of a contract of sale.</p> <p>The power to require the restoration of the subject of the agreement is an indispensable incident of a contract of bailment.</p> <p>[Ed. Note.—For cases in point, see vol. 43, Cent. Dig. Sales, §§ 1-5; vol. 6, Cent. Dig. Bailment, § 1; vol. 43, Cent. Dig. Sales, § 8.]</p> <p>’2. Same—Evidence of Sale.</p> <p>The fact that a contract provides that the receiver of goods is to account for those sold at fixed prices and to retain the difference for insurance, storage, commission and expenses does not make the contract an agreement of sale.</p> <p>[Ed. Note.—For cases in point, see vol. 43, Cent Dig. Sales, § 7, 17, 18.]</p> <p>3. Same—Conditional Sales—Contract of Bailment for Sale—Terms.</p> <p>A contract between a furnisher of goods and the receiver that the latter may sell them at such prices as he chooses, that he will account and pay for the goods sold at agreed prices, that he will bear the expenses of insurance, freight, storage and handling and that he will hold the merchandise unsold subject to the order of the furnisher, discloses an agreement of bailment for sale, and does not evidence a conditional sale. Such a contract is not affected by a statute which renders unrecorded contracts for conditional sales voidable by creditors and purchasers.</p> <p>[Ed. Note.—For cases in point, see vol. 43, Cent. Dig. Sales, §§ 7, 17, 18.] IS, 1335.]</p> <p>••(Syllabus by the Court.)</p>