Barker v. Reagan
Tennessee Supreme Court
PROM GIBSON. Appeal in Error from tire judgment of the Circuit Court by plaintiff Barker, November Term, 1870. G-ib. B. Black, J. Cotton not marked: Sto. on Contr., § 800; 10 Hum., 837; Benj. on Sales, 221-6. Commented on 3 Sneed, 359; 3 Col., 15. Ée-sale was a rescisión: 5 Sneed, 718. Buyer may abandon contract, and recover price paid, subject to recoupment of damages by seller: 3 Hum., 56. Plaintiff must show re-sale before failure to perform on bis part: Fitt y.
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PROM GIBSON. Appeal in Error from tire judgment of the Circuit Court by plaintiff Barker, November Term, 1870. G-ib. B. Black, J. Cotton not marked: Sto. on Contr., § 800; 10 Hum., 837; Benj. on Sales, 221-6. Commented on 3 Sneed, 359; 3 Col., 15. Ée-sale was a rescisión: 5 Sneed, 718. Buyer may abandon contract, and recover price paid, subject to recoupment of damages by seller: 3 Hum., 56. Plaintiff must show re-sale before failure to perform on bis part: Fitt y. Gusenett, 43 Eng. Com. L. R., 463; McLean v. Dunn, 13 Id., 712; Acebal v. Levy, 25 Id., 170; 2 Par. on Contr., 30, 33, 174, and…
1Opinion of the Court
Nicholson, C. J.,
delivered the ■ opinion of the Court.
This is an action of indebitatus assumpsit,' to recover three hundred and ninety dollars for money had ■ and received. The facts are as follows:
*592About tbe 1st of January, 1865, Bennet Reagan sold to "W". Gr. Barker two bales of cotton, one for. eighty cents per pound in Tennessee currency, and the other for sixty cents per pound in greenbacks. The cotton was at the time in the seed. The two bales were to be delivered at the house of Reagan. Soon afterwards, Barker paid to Reagan three hundred and ninety dollars in Tennessee currency, which…
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