Barker v. Roberts
Supreme Judicial Court of Maine
This was an action of assumpsit, brought to recover the proceeds of certain logs which the plaintiffs alleged to be their own property, and which the defendant had converted into boards and sold for cash; he claiming them as his own, by purchase from Cowan Oaks. It appeared at the trial before TVeston J. that the plaintiffs, being the original owners of the logs, entered into a written agreement with Cowan Oaks, of the following tenor : — “ Memorandum,” &c.
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This was an action of assumpsit, brought to recover the proceeds of certain logs which the plaintiffs alleged to be their own property, and which the defendant had converted into boards and sold for cash; he claiming them as his own, by purchase from Cowan Oaks. It appeared at the trial before TVeston J. that the plaintiffs, being the original owners of the logs, entered into a written agreement with Cowan Oaks, of the following tenor : — “ Memorandum,” &c. “ That the said Cowan &f Oaks on their part agree to take, at the Sunkhaze boom, a certain lot of logs, at the scale known by the name of…
1Opinion of the Court
Weston J.
delivered the opinion of the Court, at the ensuing June term in Washington.
The contract between the plaintiffs and Cowan & Oaks, though sufficiently definite, if each had fulfiled the stipulations by them respectively entered into, is somewhat obscure as to the question now raised by a third person, there having been a breach of the contract on the part of Cowan Oaks, viz. whether there was a sale to them by the plaintiffs of the logs, from which the boards in contro*103vorsy were made; but upon 'consideration, we are all of opinion that there was no sale. In common......unvlance, to…
2Cited by2 opinions
- Jordan v. JonesSupreme Court of Georgia · 1900
- Gothro v. Southern Oregon Co.Oregon Supreme Court · 1922