Johnston v. Eichelberger

Citations

• 13 Fla. 230

Syllabus

<p>A bargains and sells to B one half of a stock of goods not then in his actual possession. B bargains to pay A one-half of the cost of the goods, and one-half of the charges incurred and to be incurred thereon. The cost and charges are to be ascertained at a future time: Held, That acts remained to be done between buyer and seller before the sale could be considered complete, and that no present right of property passed. In the same instrument containing the above bargain and sale there was an agreement between the parties to sell the stock of goods as co-partners: Held, That it was necessary that a property should pass to the vendee before such partnership could exist inter se, and that the vendor had a right to insist upon payment for the goods before the vendee acquired an interest as partner: Held further, That acts which may be attributed to common courtesy and to the confidence which generally exists between persons who have agreed to enter into the intimate confidential relation of partners, should not be held to be a waiver of those conditions necessary to be performed before that relation is to exist under the contract.</p>