Richardson v. Olmstead

Citations

• 74 Ill. 213

Syllabus

<p>1. Contract — w7iet7ier of sale or bailment. Where grain is received hy a dealer, into his warehouse, under a contract to pay the owner the market price on any day he may choose to call for it, and such grain is mixed with other grain in bins, from which shipments are being made everyday, the dealer becomes the owner of the grain and liable to pay for it whenever called on, and is not a mere bailee.</p> <p>2. Where grain has been delivered to a dealer at his warehouse under a contract on his part to pay the market price for it when called for, and he mixes it with other grain in bins, from which he is constantly shipping, and after .such grain has all been delivered, the party delivering it not needing the money, and believing the price will be higher, proposes to leave the grain in the warehouse of the dealer until a specified time, to which the dealer agrees for a consideration to be paid him, the title to the grain is in the dealer, and the effect of the last contract is simply to give the party delivering until the time specified to name the day on which he will take the market price.</p>