Sharp v. Courtin

BENJAMIN C. DAWKINS, Sr., District Judge.

This case presents the question of who shall stand the loss of a colt or young horse which was killed, accidentally, by its own activities in the pasture of the plaintiff after his price of $6,000 had been communicated to defendant by the latter’s chosen representative, and by the parties through telephonic communication and found satisfactory.

The only dispute is one of fact; that is, did the defendant, as purchaser, attach to his acceptance the condition that he should first see moving pictures of the colt before the deal was closed? Admittedly the…