Missouri Court of Appeals April 28, 1908 (Howard v. Haas)

BLAND, P. J.

(after stating the facts). — 1. Plaintiff makes the point that as the terms of the sale were for cash on delivery, and as defendant got possession of the tomatoes without complying with the terms of the contract, the title did not pass, and hence defendant’s possession was wrongful and plaintiff was entitled to recover, regardless of the counterclaim.