Shook

[1] The question presented is largely one of fact. A brief statement of the evidence is to be found in the record, and from this it must be determined whether the alleged sale was absolute or conditional only. Manifestly the horses were contracted to be sold to the dairy association by piecemeal; that is to say, two at one time, two at another, and the remaining five at still another. The principal negotiations seem to have been had between the appellee and N. J. Peavy, who was president of the association, and as the evidence indicates was at certain times during' “said period” manager thereof. Peavy relates that he and the appellee negotiated for the sale and purchase of two of the horses, and that they were sold to the association ; that Devi stated at the time, and witness “understood, that title to the horses was to remain in seller until the purchase price therefor had been paid”; and that promissory notes representing the purchase price were given by the association. Later a like understanding was had with respect to two other horses, and still later with respect to the remaining five.

The appellee confirms the testimony of Peavy, and other witnesses, among whom were two…