Watson v. Stever

Stever, as assignee of one Sheldon, sued Watson in assumpsit to recover the value of logs which Watson had taken possession of, claiming to have bought of third persons. There is no dispute that, if the logs belonged to Sheldon, Watson was liable for their value in trespass or trover; but there had never been any promise on his part to pay Sheldon for them, and, on the contrary, he had always denied his right. If there was any exception ta this statement, it was on one occasion when Sheldon’s agent *387demanded certain logs, and Watson said, if the agent could identify any in his possession as…