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BEARDSLEY v. BEARDSLEY

No. 119.

138 U.S. 262 (1891)

11 S.Ct. 318

34 L.Ed. 928

BEARDSLEY, v. BEARDSLEY.

Supreme Court of United States.

Decided February 2, 1891.

Attorney(s) appearing for the Case

Mr. A.H. Garland, Mr. John M. Moore and Mr. H.J. May for appellant.

Mr. Daniel W. Jones and Mr. Thomas B. Martin for appellee.

MR. JUSTICE BREWER, after stating the case as above reported, delivered the opinion of the court.

The first and principal question in this case arises on the contract of January 1, 1882. By the appellant it is claimed that this is a mere executory contract, an agreement to sell; by the appellee, that it is an executed contract, a sale with reservation of security. The distinction is obvious, and the significance important. If an agreement to sell, the moving party...

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