89 Iowa 166 | Iowa | 1893
In October, 1891, the plaintiff was the owner of a black stallion named Keno Second, and the defendants, Bernard Bros., owned a stock farm and stock near Chariton. The defendants asked the plaintiff what would buy the horse, and, when told, said they could not use him at that price. They were asked what they would give, and answered seven hundred dollars. The plaintiff -refused to sell for that sum, but finally said he would take eight hundred dollars. cash for the horse. The defendants said they thought they could use him at that price, and asked the plaintiff
“Section 1922. No sale, contract or lease, wherein the transfer of title or ownership of personal property is made to depend upon any condition, shall be valid against any creditor or purchaser of the vendee or lessee in actual possession in pursuance thereof, without notice, unless the same be in writing, executed by the vendor or lessor, acknowledged and recorded the same as chattel mortgages.”
It is claimed by the appellant that the transaction between the plaintiff and the defendants which resulted in the placing of the horse in the barn of
The appellee relies upon two decisions of this court as sustaining his claim that the transaction was a mere bailment. The first of these is Mowbray v. Cady, 40 Iowa, 604, where a contract, by which one Spencer authorized Charles Legg to take and carry a watch on trial for thirty days, was construed. The contract provided that the watch should remain the property of Spencer until it was returned at the end of thirty days, if not found satisfactory, or a bill of sale should be given on the making of the last payment specified in the agreement. The transaction was held not to be a conditional sale.. But it was not completed on the part
The judgment of the district court is reversed.