Johnson v. Tabor

Citations

• 101 Miss. 78
• 57 So. 365

Syllabus

<p>1. Statute of Frauds. Sale of personalty. Purchase .money. Payment. Delivery. Condition precedent. Intention. Writ of inquiry. Damages.</p> <p>The term “purchase monej” as used in section 4779, Code 1906, means simply the compensation or consideration which the seller is to receive for the property.</p> <p>2. Same.</p> <p>Under section 4779, Code 1906, to make a valid sale it is not necessary for the “purchase money” to be paid in coin or currency, It may be paid in anything of value which the parties agree upon and which the seller is willing to receive in payment, and credit given the seller upon his indebtedness, and his actual discharge from any further obligation to pay the same, to the extent of the agreed value of the property, constitutes a payment of the- purchase money.</p> <p>3. Sale of Personal Property, Delivery.</p> <p>Where a sale of personal property is otherwise complete, delivery as between the parties to the contract is not necessary, in order to invest the purchaser with the title thereto, unless delivery is required by the contract, as a condition precedent to the vesting of the title and the completion of the sale.</p> <p>4. Same.</p> <p>Whether or not delivery is a condition precedent to a sale becoming absolute is a matter of intention, and under the evidence in this case it was for the jury to say what was the intention of the parties.</p> <p>5. Replevin. Assessment of value. Writ of inquiry.</p> <p>Where in an action of replevin for two horses the jury which tried the case assessed the value of the two together but not separately and were discharged. It was proper for the court to award a writ of inquiry and submit to another jury the question of their separate values.</p> <p>6. Justice oe the Peace. Jurisdiction. Affidavit.</p> <p>The test of the jurisdiction of a justice of the peace in an action of replevin is not the value of the property as found hy the jury, hut the value as alleged in the affidavit, unless the property therein is