Putnam v. Glidden
Massachusetts Supreme Judicial Court
Contract to recover for the keeping, care, etc. of one pair of horses, from June 16, 1890, to October 17, 1891. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts, in substance as follows.
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Contract to recover for the keeping, care, etc. of one pair of horses, from June 16, 1890, to October 17, 1891. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts, in substance as follows. On June 16,1890, the plaintiff, who was then the owner of the horses, had negotiations with the defendant in relation to a sale of them, by which they were delivered by the plaintiff at the defendant’s stable in Lowell. The plaintiff contended that the negotiations so made, and the delivery, amounted to an absolute sale. The…
1Opinion of the CourtKnowlton, J.
On the agreed statement of facts in this case the question is whether the law implies a contract on the part of the defendant to pay for the keeping of the horses. The burden of proof is on the plaintiff, and no inferences of fact can be drawn in his favor. Old Colony Railroad v. Wilder, 137 Mass. 536.
It has been said that, when a vendee returns or declines to receive property sold him, the vendor has his choice “ of either one of three methods to indemnify himself: (1.) He may store or retain the property for the vendee, and sue him for the entire purchase price; (2.) He may sell the…
2Cases cited7 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810
- Bagley v. FindlayIllinois Supreme Court · 1876
- Earle v. CoburnMassachusetts Supreme Judicial Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Williams v. SederMassachusetts Supreme Judicial Court · 1940
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Flesher v. HandlerMassachusetts Supreme Judicial Court · 1939
12 more not listed; retrieve them via the Exa API.