Middleton v. Ballingall

By the Court,

Bennett, J.

I shall not consider whether the power of attorney from the defendants to Bell, authorized the contract upon which this suit is founded, inasmuch as I think the action cannot be sustained on the contract itself. The defendants stipulate to sell to the plaintiffs certain merchandise shipped from Batavia, in the island of Java, for the port of San Francisco, and both parties agree that the contract shall be considered as binding until the arrival of the ship. The ship has never arrived.

The sale was not an absolute and unconditional sale of the property. Even had the…