Paul v. Meservey
Supreme Judicial Court of Maine
On motion to set aside tbe verdict as being against law and against the weight of evidence. Assumpsit upon a written instrument, dated Nov. 19, 1866, signed by the parties, and of the following tenor; It is hereby agreed between Daniel Meservey, of the first, and V. B. Paul, of the second part, as follows: said Daniel Meservey hereby agrees to let said Paul have the colt that comes of the mare; that the said Paul lets the said Meservey have next spring the said mare, to be…
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On motion to set aside tbe verdict as being against law and against the weight of evidence. Assumpsit upon a written instrument, dated Nov. 19, 1866, signed by the parties, and of the following tenor; It is hereby agreed between Daniel Meservey, of the first, and V. B. Paul, of the second part, as follows: said Daniel Meservey hereby agrees to let said Paul have the colt that comes of the mare; that the said Paul lets the said Meservey have next spring the said mare, to be well used and kept in good condition, and the colt at the said Meservey’s risk until it is four months old. If said…
1Opinion of the CourtWalton, J.
The plaintiff obtained a verdict in this case, and the defendant moves to have it set aside on the ground that it is against law and against evidence. The case is this :■
The plaintiff sold the defendant a mare supposed to be with foal. The defendant paid the plaintiff twenty-five dollars, and agreed to let him have the colt when it should be four months old; or, if the defendant wanted to take the colt at fifty dollars, he was to have *421the privilege. The plaintiff afterwards proposed to take back the mare, and let the defendant have a two years old colt, if the defendant would pay him…
2Cited by6 opinions
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- Frank v. CobbanMontana Supreme Court · 1897
- Hunt v. WoodsSupreme Court of Arkansas · 1925
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