Scott Mining & Smelting Co. v. Shultz

Citations

• 67 Kan. 605
• 73 P. 903
• 1903 Kan. LEXIS 303

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and Ownership — Bailment and Sale Distinguished. Where personal property is delivered by the owner to another for use and the identical thing delivered is to be returned, the transaction is a bailment and there is no transfer of title; but if it is stipulated that the one to whom it is delivered may return another thiDg of the same kind, or an equivalent in value, or otherwise, it will ordinarily constitute a sale and effect a change of title.</p> <p>2. Mines and Mining— Lease Construed. Mining property consisting of real estate and personal property was leased by the owner to another for a term of years at a stipulated royalty, and it was agreed in the lease that at its expiration the personal property, which included some that would be consumed by use, should be returned by the lessee in kind or value, according to an invoice which had been made, at the option of the lessor. Held, that the transaction was in the nature of a sale of the personal property and the title thereto passed to the lessee.</p>