Sherrill Hardwood Lumber Co. v. H. D. Glass Lumber Co.
This text of 237 S.W. 425 (Sherrill Hardwood Lumber Co. v. H. D. Glass Lumber Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
(after stating the facts). According to appellee’s own testimony there should have been a verdict in favor of appellant. Appellant retained possession of the boilers, and there was no transfer of possession, actual or constructive. It is not claimed that there was any manual delivery of the boilers, and there is nothing from which it may be inferred that there was a symbolical delivery of them. Hence the sale was not completed. Harper v. State, 91 Ark. 422.
The boilers not having been delivered to appellee, the title did not pass to it and it cannot maintain replevin to recover possession of them. Carpenter v. Glass, 67 Ark. 135, and Jones v. Burks, 110 Ark. 108.
It follows that the court erred in directing a verdict for appellee as requested by it, and for that error the judgment must be reversed, and the cause will be remanded for a new trial.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
237 S.W. 425, 151 Ark. 513, 1922 Ark. LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherrill-hardwood-lumber-co-v-h-d-glass-lumber-co-ark-1922.