J. H. Hayes Woolen Co. v. McKinnon

Citations

• 19 S.E. 761
• 114 N.C. 661

Syllabus

<p>Claim and Delivery■ — Right to Possession — Contralet—Repudiation — Right to Account.</p> <p>1. A bill of sale which recited that, in consideration of a sum “ paid by W., agent” for plaintiff, a bargainor sold and conveyed a stock of goods, vested the title in the plaintiff and not in the agent, and the former may maintain an action of claim and delivery for the goods.</p> <p>2. Where plaintiff consigned to defendants a stock of goods, the latter to conduct the business in the name of the former and to account to plaintiff for all proceeds, aud plaintiff brought action of claim and delivery: Held, that the denial, in defendants’ answer, of plaintiff’s ownership was a repudiation of the contract and rendered it unnecessary for plaintiff to prove a demand for an accounting and a refusal before bringing action.</p> <p>3. In claim and delivery by the owner of a stock of goods under a contract with defendants entitling the latter to retain possession and to be revested with the title whenever the net profits paid to the owner should amount to §750, the defendants are entitled to an accounting to ascertain the amount of net profits paid over so that the owner may be charged with the same in adjusting the rights of the parties.</p>