Dixon v. Blondin
Supreme Court of Vermont
Replevin. Heard on a referee’s report, December Term, 1885, Ross, J., presiding. Judgment for the plaintiff. The bill of sale was as follows: “ Lyman, N. H., March 17, 1884. “ This is to certify that I have sold and delivered to J. O. Belanger one black horse, seven years old, for the sum of one hundred and thirty-five dollars, and received twenty-eight dollars on the same. John Dixon.”
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Replevin. Heard on a referee’s report, December Term, 1885, Ross, J., presiding. Judgment for the plaintiff. The bill of sale was as follows: “ Lyman, N. H., March 17, 1884. “ This is to certify that I have sold and delivered to J. O. Belanger one black horse, seven years old, for the sum of one hundred and thirty-five dollars, and received twenty-eight dollars on the same. John Dixon.” The -referee found, that, on December 7, 1883, the plaintiff was the owner of the horse replevied, and on that day conditionally sold the horse to Joseph O. Belanger for the sum of $135, to be paid for April…
1Opinion of the Court
The opinion of the court was delivered by
Ybazey, J.
One question is, whether the paper of March 17, 1884, given by the plaintiff to Belanger, showed an absolute sale and could not be explained by parol testimony to the effect’ that the sale was conditional. The referee admitted parol testimony subject to objection and exception, and from it found the sale was in fact conditional. It is quite plain the paper imports an absolute sale. From the parol evidence an additional feature is ingrafted upon it, changing it from an absolute to a conditional sale, a change inconsistent with the writing.…
2Cases cited4 opinions
- Morse v. LowSupreme Court of Vermont · 1872
- Winn v. ChamberlinSupreme Court of Vermont · 1859
- Reynolds v. HassamSupreme Court of Vermont · 1884
- Sanborn & Catlin v. ChittendenSupreme Court of Vermont · 1855
3Cited by6 opinions
- Wood v. JamesSupreme Court of Vermont · 1918
- Vance v. HeathUtah Supreme Court · 1912
- Lane v. J. E. Roach's Banda Mexicana Co.New Jersey Court of Chancery · 1911
- Aetna Chemical Co. v. Spaulding & Kimball Co.Supreme Court of Vermont · 1924
- Kinnear & Gager Manufacturing Co. v. MinerSupreme Court of Vermont · 1914
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