Stack v. Cavanaugh
Supreme Court of New Hampshire
Assumpsit, to recover $25 and interest, paid by the plaintiff to the defendants as part of the price of a horse. Facts found by the court. At an auction sale of horses by the defendants, October 12, 1886, the plaintiff bid off a horse at the price of $112.50, which was delivered to him on payment of $25, and upon the understanding that the balance of the price was to be secured by note and a mortgage upon the horse.
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Assumpsit, to recover $25 and interest, paid by the plaintiff to the defendants as part of the price of a horse. Facts found by the court. At an auction sale of horses by the defendants, October 12, 1886, the plaintiff bid off a horse at the price of $112.50, which was delivered to him on payment of $25, and upon the understanding that the balance of the price was to be secured by note and a mortgage upon the horse. The plaintiff took the horse away, -and upon harnessing him to a wagon found that he was unable to drive him. The plaintiff took the horse back to the defendants’ stable that…
1Opinion
The former decision in this case, it is claimed, was based upon the erroneous assumption of fact that the plaintiff had rescinded the contract, when in fact he only proposed to rescind, and, instead of rescinding, ratified the contract by leaving the horse with the defendants to be sold. It is further claimed, that, when repayment of the purchase-money was requested, rescission had become impossible, because, the horse having been sold on the plaintiff's account, the property could not be returned in specie.
Whether what took place when the plaintiff returned the horse was a rescission, a…
2Cases cited2 opinions
- Fitts v. HallSuperior Court of New Hampshire · 1838
- Eaton v. HillSupreme Court of New Hampshire · 1870