Schott v. Glauser

Citations

• 120 F. 938
• 1902 U.S. App. LEXIS 4694

Syllabus

<p>1. Executory Sale.</p> <p>A contract reciting: “Sold to-day to G. & E. two hundred and twenty-five (225) cases of fall made Brick Cheese as follows: One hundred (100) cases to be shipped at once. These hundred cases I sell to G. & E. at 10%c per pound, if the cheese is accounted for between now and December first. If G. & E. do not account for this lot before the first of December at 1014c per pound they may do so at any time between December first and January first at the then ruling market price. I agree to pay the storage on this lot up to the time of the final acceptance by G. & E. One hundred and twenty-five (125) eases are to •be kept by me in factory subject to G. & E.’s order and may be accounted for by them under the same conditions as the above hundred (100) eases, the price between now and the first of December to be 1014c for the hundred and twenty-five cases, and after the first of December the market price,” etc.— shows a mere executory sale, and does not pass the title in praasenti.</p>