L. H. Woods & Co. v. Half, Weiss & Co.

Citations

• 44 Tex. 633

Syllabus

<p>1. Intent—Sale.—The intent of parties, when clearly ascertained, is of controlling force in determining when a sale of chattels has been executed.</p> <p>2. Sale.—Every sale transfers the property; that is not a sale, which does not transfer the property in the thing sold. The article sold must be susceptible of delivery, and so designated that it can be known from all other things.</p> <p>3. Custom.—If lawful, a custom may be shown, and which will control and supply an omission in a contract between buyer and seller.</p> <p>4. Same.—The custom among merchants at Galveston, in dealing with country merchants, that the seller has not performed his duty or parted with his property until he has boxed up the goods, conveyed, and delivered them to a carrier, and has taken a bill of lading therefor, may be given in evidence in ascertaining when the property in goods sold to a country merchant passed.</p> <p>5. Same.—Goods boxed up, marked in the name of the buyer, and on a dray on the way to the wharf for delivery to the carrier, are not subject to levy as the goods of the buyer.</p>