Sibley v. Tie

Citations

• 88 Ill. 287

Syllabus

<p>1. Sale—without notice of claim of another. If a party sells and delivers corn to another, taking a contract that the purchaser is to have no claim on the same until it is paid for, and the purchaser sells and delivers the same to a third person, who has no notice of the contract, the latter will hold the corn as against the original vendor, hut not if his purchase is fraudulent.</p> <p>2. Same—what is not a delivery. Where a purchaser of corn gave to the vendor a writing that he held no claim on the same until it was paid for at a specified price, and the vendor commenced hauling and putting the corn in the purchaser’s cribs, on the faith of the writing, and, before all was so put in the cribs, the purchaser sold the same to another, and attempted to deliver possession to his agent, it was held, that no title passed by the last sale, for want of delivery by the first vendor. Putting the corn in the purchaser’s cribs, under such circumstances, was held, no delivery as to any part, but only a preparation to deliver when all was hauled and paid for.</p> <p>3. Fraud—in purchase of grain. Where the proof showed that a party claiming to have purchased a lot of corn had not seen it before the alleged purchase, and had not met the seller and contracted with him, and had no knowledge of the sale to him until he received a sale bill by mail, duly acknowledged and recorded, and the purchaser claimed to have satisfied a note on the seller, and afterwards paid the balance of the price in currency, and the seller, in a few days after the alleged sale, went into bankruptcy, it was held, that the jury were justified in holding the sale was not in good faith, as against others having a claim on the same.</p>