Benjamin's Treatise On the Law of Sale of Personal Property; With References to the American Decisions And to the French Code And Civil Law

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took away part, and D. forbade him to take any more until he had removed the same amount, and asserted that the balance should be divided equally between them. Held, that M. had no such title to any coal still unweighed, or unseparated, that he could sustain trover against D. for preventing him from taking it away. Scudder v. Worster was approved, and Kimberly V. Patchin distinguished. See, also, Lawry v. Ellis, 85 Me. 500; Elgee Cotton Cases, 22 Wall. 180.
In Hahn v. Fredericks, 30 Mich. 223 (
...1874), F. sold H. 200 cords of hard wood, out of several piles containing over 350 cords. There was some soft wood scattered through the piles. The purchasers were to remove the 326 EFFECT OF CONTKACT IN PASSING PROPERTY. [BOOK II.
wood, which was to be measured on the scows. A part had been removed and measured, but the rest was still in the piles, when they were wholly destroyed by fire. Held, that the vendor could not recover the price of the balance as on a complete sale, and the cases are distinguished on this point.


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