Cardinal v. Edwards
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. In May, 1868, Eugene Archambeauld presented himself at the hay-yard of Jens 0. Sorrensen in Carson City, represented that he had purchased a six-horse team, and made an arrangement with-Sorrenson to have the animals fed there, agreeing to pay the charges therefor on the first of every month.
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Appeal from the District Court of the Second Judicial District, Ormsby County. In May, 1868, Eugene Archambeauld presented himself at the hay-yard of Jens 0. Sorrensen in Carson City, represented that he had purchased a six-horse team, and made an arrangement with-Sorrenson to have the animals fed there, agreeing to pay the charges therefor on the first of every month. The team was engaged, with Sorrensen’s knowledge and consent, in hauling wood to Silver City, Gold Hill, and other places, and stopped and was fed at the hay-yard; part of the time every night, and part of the time every second…
1Opinion of the Court
By the Court,
Lewis, C. J.:
The agreement entered into between the plaintiff and Archam-beauld on the thirty-first day of May and which ivas afterwards on the sixth of July reduced to writing, was simply an executory contract of sale, to be executed or completed when the stipulated payments were made by the latter. That it ivas not the intention to transfer the title from the plaintiff to Archambeauld is a fact which admits of no doubt whatever, if the written instrument itself is to be received as evidence of the intention. The plaintiff by it “ contracts, promises, and agrees to sell,…
2Cases cited1 opinion
- Hart v. CarpenterSupreme Court of Connecticut · 1856
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