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Abstract

The plaintiffs contracted to sell lambs not yet in existence to Boylen; $500 was paid at the execution of the contract in May, an additional $500 was to be paid in August, and the remaining amount was "to be paid on delivery of the lambs." The August payment was made. On September 20 plaintiffs delivered the lambs to Boylen at a railway shipping station. There was no station agent at the place, no bill of lading was taken out and no bill of sale or other paper transferred. Apparently the lambs were simply delivered into the possession of Boylen and left there. At that time Boylen gave plaintiffs a draft for the full amount still due. Plaintiffs sent this draft through the banks with reasonable expedition, but it was dishonored because of Boylen's insolvency. In the meantime Boylen, soon after receiving the lambs, sold 955 of them to the defendant to whom he delivered them by rail; the defendant paid for them full value and in good faith. When plaintiffs traced these lambs, they sued defendant in what the court interpreted as an action for conversion with waiver of the tort and an implied promise by defendant to pay plaintiffs the value. Held, the plaintiffs were entitled to judgment for the value of the lambs. Keegan v. Lenzie, (Ore. 1943) 135 P. (2d) 717.

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