Brown v. Haynes
Supreme Judicial Court of Maine
On■ Exceptions from Nisi Prius, Appleton, C. J., presiding. Trover. The plaintiff testified: — "The cattle were mine. I had them in use of one Williams in the woods; one Chatterly was teamster. Chatterly asked me if I would sell the cattle and take orders on Black, Brothers. I told him I would for the sum of $120 and interest. This was in February. The next I heard, Chatterly had taken the oxen to his home.
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On■ Exceptions from Nisi Prius, Appleton, C. J., presiding. Trover. The plaintiff testified: — "The cattle were mine. I had them in use of one Williams in the woods; one Chatterly was teamster. Chatterly asked me if I would sell the cattle and take orders on Black, Brothers. I told him I would for the sum of $120 and interest. This was in February. The next I heard, Chatterly had taken the oxen to his home. "In May, his father came up and paid me from his son, $60 towards the cattle. I told the father they might keep the cattle till September following; then, if they did not pay for them, I…
1Opinion of the Court
The opinion of the Court was drawn by
Appleton, C. J.
It is not questioned that the sale by the plaintiff to one Chatterly, under whom the defendant derives his title, was made on condition. The cattle sold were to remain the property of the plaintiff " until paid for.” No payment having been made within the time in which, by the agreement of parties, it was to have been made, no title vested in Chatterly. It was his fault or neglect that it did not so vest.
A sale and delivery of goods on condition that the title shall not vest in the vendee until payment of the price, passes no title until the…
2Cases cited3 opinions
- Buckmaster v. SmithSupreme Court of Vermont · 1850
- Hyde & Everit v. CooksonNew York Supreme Court · 1855
- Smith v. FosterSupreme Court of Vermont · 1846
3Cited by10 opinions
- Davis v. . BlissNew York Court of Appeals · 1907
- General Motors Acceptance Corporation v. AnaconeSupreme Judicial Court of Maine · 1964
- Bozzuto v. OuelletteSupreme Judicial Court of Maine · 1979
- Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Levine v. ReynoldsSupreme Judicial Court of Maine · 1947
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