Harry S. Truman, Mid-Term Exam in Sales, Kansas City School of Law

NAME Harry STruman 70 KANSAS CITY SCHOOL OF LAW SALES MARCH 7, 1924. H. G. LEEDY JOHN B. GAGE GLEN A. WISDOM I. (a) Define a Sale. (b). Distinguish between a sale and a contract to sell. (c) Give one good reason for the importance of the distinction. asale is the exchange a in a contract to asole is limited when (over) , propert property in the yoods passes Ho 11. the fright and money paid on the fulfiliment of conditions. the is Defendant had invented a vibrator and was organizing a company to manufacture and sell same. He took the vibrator to the plaintiff and requested that plaintiff make five drawings of the same to be used for advertising purposes. There was no note or memorandum of the agree- ment, no earnest money paid and no arrangement was made as to the price for said drawing. Plaintiff made the drawings and offered them to defendant who made no objection to the same, but requested plaintiff to retain them for him which plaintiff did, defendant stating that he was not ready to proceed with the advertising. Plaintiff sued for the reasonable cost of making said drawings or the value of the work in making same alleged to be $84.50. Defendant set up the Statute of Frauds as a defense Advertising Company V. Castleman, 165 Mo. App., 575. Judgment for who m? Far Why? Was contract for plaintiff. to statute and Ballabor a and did not come mude of pauld 6 TRUMAN "NATIONAL ARCHIVES AND RECORDS SERVICE* GOVERNM III. T had a contract with plaintiff whereby plaintiff furnished him with his stock of mer chandise, consisting of musical instruments. The contract provided that T was to pay the freight on all goods shipped him and that he was to pay insurance and taxes on the goods and that he could sell them for whatever price he pleased. T could return any goods he could not dispose of and plaintiff could demand a return of any goods T did not sell. If T's purchasers gave notes in payment, the notes were subject to plaintiff's approval before title passed to these purchasers. Sheriff levied execution on T's stock of goods on behalf of T's creditors. Plain- tiff brought replevin and sheriff defended on the grounds that the contract between T and plain tiff was a conditional sale which because unrecorded was void as to T's creditors. Piano Co. V. William, 167 Mo. App., 515 Judgment Reason: for 2 whom? Reline Piano company He could acting not make a deal until and I dont good as agent for Piano Company Piano Co thin k Paiano Comany good could he for not sold till belong taken T's outcilidity. IV. T owned some hogs which he contracted to sell to K but K repudiated the contract. T then agreed to sell the hogs to W at an agreed price per pound. It remained for W to weigh the hogs to ascertain the price and W was driving them to the scales for that purpose when the hogs were seized by K. W brought replevin against K for the hogs. Had title passed from T to W? (Answer Yes or No). title Togald the pleain they be no night No Wren The Kuhler, neighing 68 Mo. App., was 680. a Like precedent K had to passing V. their of if he'd repudiated hise contract.