Young v. Poole
California Supreme Court
Young v. Poole, 2 Cal. Unrep. 748 (Cal. 1887)
13 P. 492
Young v. Poole
Opinion of the Court
This action is to recover personal property levied upon as the property of Jonathan Kittredge. The plaintiff claims as purchaser from Kittredge. The negotiations for the sale were made in March, but the sale was not consummated until April 1st—the day on which summons was served on Kittredge. The levy of the execution was in September following. We think the undisputed facts show that the sale was not followed by immediate delivery, and an actual and continued change of possession, such as is required by section 3440, Civil Code.
Judgment and order reversed and a new trial ordered.
Reference
- Full Case Name
- YOUNG v. POOLE
- Status
- Published
- Syllabus
- Sale—Delivery as Against Creditors of Seller.—Where negotiations for a sale by an employer to his employee of certain property, including safes, were made in March, but the sale was not consummated until April 1st, upon which day the vendor was sued by a creditor, and, after the sale, the property remained in the same building as before, but the vendee’s name appeared on the sign as successor to the vendor, held, that the sale was not followed by intinediate delivery, and an actual and continued change of possession, as required by Civil Code of California, section 3440, and execution obtained by the vendor’s creditor could be levied on the safes.