Calef v. Brinley
Supreme Court of New Hampshire
The first of these actions is assumpsit, to secure a lien for hauling logs ; the second is trover, for conversion of the same logs. Calef, under a contract with the defendants, Brinley & James, hauled to the bank of Merrimack river logs at $2.50 per thousand feet, which the Kennards had sold to them, to be cut by the Kennards, and taken by Brinley & James on the lot where they grew.
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The first of these actions is assumpsit, to secure a lien for hauling logs ; the second is trover, for conversion of the same logs. Calef, under a contract with the defendants, Brinley & James, hauled to the bank of Merrimack river logs at $2.50 per thousand feet, which the Kennards had sold to them, to be cut by the Kennards, and taken by Brinley & James on the lot where they grew. The Kennards cut the trees, and Calef hauled them before March, 1875, except one tree, which was cut and hauled April 14, 1875. Calef took the note of Brinley & James, April 15, 1875, for $350, payable to his…
1Opinion of the CourtAllen, J.
If the Kennards delivered the lumber intending to part with their title, and if Brinley & James accepted it, the title passed to them, although the notes mentioned in the contract had not been given. Kelsea v. Haines, 41 N. H. 246, 253. The rescinding of the contract, and the talcing of the logs in replevin by the Kennards, did not destroy Calef’s lien, which was paramount to all other claims except public taxes. Gen. St., c. 125, s. 14. The vendor’s right to rescind contracts of sale and reclaim the property is always subject to the intervening lights of third persons acquired in good faith.…
2Cited by2 opinions
- Kendall v. PickardSupreme Court of New Hampshire · 1893
- Lavoie v. BurkeSupreme Court of New Hampshire · 1897