American Clay MacHinery Co. v. New England Brick Co.
Supreme Court of Connecticut
Action of replevin for machinery sold to the defendant Brick Company on condition, brought to the Superior Court in Hartford County where a demurrer to the plaintiff’s reply was sustained (Holcomb, J.) and judgment rendered for the defendant, from which the plaintiff appealed!. Error and new trial ordered.
1Opinion of the CourtThayer, J.
It appears from the record that the plaintiff, who manufactures brick-making machinery, sold to the defendant in March, 1911, by a conditional contract, $26,000 worth of machinery, the title to which by the terms of the contract was not to pass until the machinery was fully paid for, and, if the payments were not made as agreed, the plaintiff at its option might enter upon the defendant’s premises and take possession of and remove the machinery. The delivery of the goods began in March and ended in August, 1911. The contract of sale was in writing, but was not acknowledged, as the statute…
2Cases cited6 opinions
- In re Wilcox & Howe Co.Supreme Court of Connecticut · 1898
- Van Alstyne v. . CookNew York Court of Appeals · 1862
- Baldwin v. Spear Bros.Supreme Court of Vermont · 1906
- Camp v. Charles Thatcher Co.Supreme Court of Connecticut · 1902
- Smith v. Sioux City Nursery & Seed Co.Supreme Court of Iowa · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cashman v. Meriden HospitalSupreme Court of Connecticut · 1933
- H. G. Craig & Co. v. Uncas Paperboard Co.Supreme Court of Connecticut · 1926
- Wooley v. WilliamsSupreme Court of Connecticut · 1927
- Malmo v. Washington Rendering & Fertilizing Co.Washington Supreme Court · 1914
- Air Equipment Corp. v. Rubbercraft Corp.Court of Appeals for the Second Circuit · 1935
16 more not listed; retrieve them via the Exa API.