73 Iowa 145 | Iowa | 1887
1( Ottumwa, Iowa, November 1, 1885.
“For and in consideration of the conveyance of forty acres of land to me by W. B. Bonniiield, president, and IV. A. McGrew, cashier, First National bank, I hereby sell to said parties stock and grain on my place as follows: Hogs, now on the place and to be purchased; ear-corn, 700 to 800 bushels, more or less; buckwheat, 200 bushels, more or less; oats, 250 bushels, more or less,— the sale of said grain to be credited on my debt to them, and said hogs and grain held as their property until sold and so applied. J. B. Carman.”
It was proven on the trial that when the contract was entered into Carman had in his possession on his farm a quantity of ear-corn which he had raised; also a quantity which he had purchased,— the two lots being separate from
The important question in the case is whether the transaction amounted to a completed sale of the property, or whether the contract remained executory. The question whether the title to personal property which is the subject of a contract has passed to the vendee under the agreement is one of intent. If there has been an actual delivery, and nothing remains to be done to ascertain the price or quality of the article, the strong presumption is that the intention was to pass the title. On the other hand, if the delivery has not been made, and something yet remains to be done in order to ascertain its quality or price, such as inspecting or weighing it, the pre sumption is equally strong that it was the intention that the ownership should remain in the vendor. But in neither case is the presumption conclusive. It would be competent for the parties to contract, in the one case, that the title should
The contract in question clearly indicates an intention by the parties to make a present sale and transfer of the property. The language, “ I hereby sell to said parties stock and grain,” etc., and “ said hogs and grain to be held as their property,” etc., is not fairly susceptible of any other construction. Having clearly expressed that intention in their written contract, there is no rule of law under which it can be defeated. As between the parties, the title passed under the contract to plaintiff. And as defendants had notice of the contract before they caused the property to be seized, they are in no better condition than Carman would be if he were seeking to avoid the contract. The case is distinguishable from Snyder v. Tibbals, 32 Iowa, 447. The language of the contract in that case did not evidence an intention by the parties to pass the title to the property, but showed rather that they intended that the agreement should be executory.
The judgment will be reversed, and the cause remanded.
Reversed.