California Supreme Court, 1871

Caruthers v. McGarvey

California Supreme Court · Decided July 1, 1871 · Rhodes

41 Cal. 15

Cases that cite this one

3 later published cases cite this decision.

Gracchi v. Friedlander (Cal. Ct. App. 1928)
Carpenter v. Glass (Ark. 1899)
Blackwood v. Cutting Packing Co. (Cal. 1888)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court, Rhodes, C. J.:

The defendant claims that the note in suit was paid, while in the hands of the payee, by the sale to him of corn, at the rate of one dollar and a half per cental, the quantity sold to be sufficient to amount to the sum of four hundred and five dollars—the balance due on the note. The payee of the note was notified that the corn was ready for him, but it was not weighed, nor was the quantity to be delivered separated from the other corn in the field. It is elementary law that *17the property does not pass absolutely unless the sale be completed; and it is not completed, so long as anything remains to be done to the thing sold, to identify it or discriminate it from other things. (1 Pars. on Cont. 441.)

Judgment and order reversed, and cause remanded for a new trial.

Neither Mr. Justice Crockett nor Mr. Justice Sprague expressed an opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.