Stone v. Peacock
Supreme Judicial Court of Maine
Upon Facts agreed. Trover for fifteen tons of hay. In 1850, James Marston occupied a farm in Gardiner. On April 2, he conveyed to P. Sheldon all the crops, including the hay to be raised upon the farm, by a bill of sale under seal, it being agreed between them that Marston was to keep possession of the farm and manage it, and harvest and sell the crops; that Sheldon should pay all expenses attendant upon the raising and harvesting the same; and then should sell them, and…
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Upon Facts agreed. Trover for fifteen tons of hay. In 1850, James Marston occupied a farm in Gardiner. On April 2, he conveyed to P. Sheldon all the crops, including the hay to be raised upon the farm, by a bill of sale under seal, it being agreed between them that Marston was to keep possession of the farm and manage it, and harvest and sell the crops; that Sheldon should pay all expenses attendant upon the raising and harvesting the same; and then should sell them, and after deducting for such expenses, and for a note of $100, which Sheldon had signed for Marston, pay the surplus to one of…
1Opinion of the CourtTenney, J.
— The facts in this case being agreed, and no objection made to their competency, each must have its proper effect; and from them the design of the parties is manifest. The plaintiff's intestate was insolvent, and consequently, the defendant was unwilling to perform the service desired by the other party without security or advance payment. The amount of the hay does not appear to have been known with certainty till it was pressed. A bill of sale absolute in its terms, for fifteen tons of the hay, was given to the defendant, the consideration of which was the work to be performed by him upon…
2Cases cited2 opinions
- Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
- Wildridge v. PattersonMassachusetts Supreme Judicial Court · 1818
3Cited by3 opinions
- Rosenthal Bros. v. Kahn Bros.Oregon Supreme Court · 1890
- Prescott v. LockeSupreme Court of New Hampshire · 1871
- Creelman Lumber Co. v. DeLisleMissouri Court of Appeals · 1904