Lentz v. Flint & P.M. Ry. Co.
| Decision Date | 23 April 1883 |
| Citation | 53 Mich. 444,19 N.W. 138 |
| Parties | LENTZ v. FLINT & P.M.R. CO. |
| Court | Michigan Supreme Court |
Upon a sale of goods where payment is due at once, the vendor unless a contrary intention appears, can reclaim the goods even after delivery, unless the price is paid; and the vendee's assignee in bankruptcy stands in no better position than the vendee himself.
Error to Osceola.
Cooper & Winsor, for plaintiff.
W.S Tennant, for defendant and appellant.
Lentz replevied from the defendant (being a carrier in possession) two sets of log-wheels and accompanying apparatus, which he had sent previously from Cadillac to Reed City, directed to one Wing, who had bargained verbally to purchase them. This bargain was made at Cadillac in May 1883, and its terms were that plaintiff should get ready immediately one set of wheels which were in condition to be tired and ship them, with the chains, which he had to purchase, and to send on the second set as soon as he could. The first set was sent about May 12 and the second June 2 1883, forwarded by the Grand Rapids & Indiana Railroad to Reed City. The articles were to be paid for as soon as shipped. After arriving at Reed City they remained there, and were never delivered to Wing or called for by him, and he never communicated with Lentz. A clerk of his, (who afterwards became his assignee,) who testifies that he had charge of his correspondence, says that during Wing's absence he answered one of Lentz's letters of advice by promising that a draft should be sent immediately on Wing's return. He did not identify the particular time very clearly, but as far as he did it seems to have been the second shipment. Lentz denies receiving any letter except on the second shipment, and no draft or payment was forwarded for either. Lentz says that the purport of the letter was merely that the clerk would remind Wing. There was no testimony that this clerk, Dermont, had any authority beyond corresponding, and no pretense of payment in any shape. On the third of July Wing made a general assignment to Dermont. The only log-wheels which he described specifically were set out as being about his mill premises, and they are put in at a much lower value than those now in suit. Wing was at this time hopelessly insolvent, having debts exceeding $188,000, and assets less than $4,000. The assignee swears that about the end of July he went to Reed City and into the office of the Grand Rapids & Indiana Railroad, and told them they had two sets of wheels on which he wanted to pay freight, and paid them eight dollars, which they said was the amount due, and took a receipt, which was not produced on the trial. This payment was acrually only on one of the shipments not...
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