Schott v. Glauser

Seventh Circuit

Schott v. Glauser

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

CourtCourt of Appeals for the Seventh Circuit

DecidedOctober 7, 1902

DocketNo. 884

StatusPublished

Cited by1 cases

This text of 120 F. 938 (Schott v. Glauser) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Schott v. Glauser, 120 F. 938, 1902 U.S. App. LEXIS 4694 (7th Cir. 1902).

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Opinion

GROSSCUP, Circuit Judge,

after stating the foregoing facts, delivered the opinion of the Court:

It is unnecessary to pass upon the effect of the memorandum agreement of November 2nd. The case turns on whether the memorandum agreement of October 28th constitutes an executed sale of the cheese, whereby the title passed from Schujahn to the appellees.

We are of the opinion that the sale was executory merely, to be completed in the future by the delivery to, and acceptance by the appellees. The contract provides for final acceptance in futuro, and it seems plain that if any of the cheese had not been of the quality named, rejection would have been within the power of the appellees. The transaction was thus incomplete, remaining open to some further act upon the part of the appellees. A transaction thus situated is not such sale as passes in prsesenti the title to the property.

The order appealed from will be reversed, with instructions to the District Court to enter an order dismissing the petition of the appellees.

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GROSSCUP, Circuit Judge,

after stating the foregoing facts, delivered the opinion of the Court:

It is unnecessary to pass upon the effect of the memorandum agreement of November 2nd. The case turns on whether the memorandum agreement of October 28th constitutes an executed sale of the cheese, whereby the title passed from Schujahn to the appellees.

We are of the opinion that the sale was executory merely, to be completed in the future by the delivery to, and acceptance by the appellees. The contract provides for final acceptance in futuro, and it seems plain that if any of the cheese had not been of the quality named, rejection would have been within the power of the appellees. The transaction was thus incomplete, remaining open to some further act upon the part of the appellees. A transaction thus situated is not such sale as passes in prsesenti the title to the property.

The order appealed from will be reversed, with instructions to the District Court to enter an order dismissing the petition of the appellees.

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120 F. 938, 1902 U.S. App. LEXIS 4694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schott-v-glauser-ca7-1902.

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