Oro Mining and Milling Co. v. Starr

Citations

• 76 Cal. 166
• 18 P. 242
• 1888 Cal. LEXIS 847

Syllabus

<p>Sale—Change oe Possession—Subsequent Purchases.—In 1881 the plaintiff purchased and paid for certain machinery, and left it on storage in the possession of its vendors. The vendors afterwards, and while the machinery was in their possession, sold all their “assets” and “property ” to the defendant, who immediately took possession. The schedule of the property sold, which accompanied the bill of sale, did not include the machinery. Held, that the sale of the machinery to the plaintiff was complete, and although not accompanied by a change of possession, was not void as to the defendant, as the latter was not a subsequent purchaser of the machinery.</p>