Vasser v. J. A. Buxton & Co.
Supreme Court of North Carolina
Civil Action, tried at January Special Term, 1882, of Northampton Superior Court, before Graves, J. The plaintiff sues to recover the possession of a bay mare, and the sole controversy was as to his title. On the trial the evidence was as follows : The plaintiff, examined on his own behalf, testified that one Samuel Story, residing on a farm of his in Virginia, applied to the plaintiff to buy him a horse.
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Civil Action, tried at January Special Term, 1882, of Northampton Superior Court, before Graves, J. The plaintiff sues to recover the possession of a bay mare, and the sole controversy was as to his title. On the trial the evidence was as follows : The plaintiff, examined on his own behalf, testified that one Samuel Story, residing on a farm of his in Virginia, applied to the plaintiff to buy him a horse. The plaintiff consented to do so if the defendant would go to Petersburg after it, stating that he had money there in the hands of one Jarrett which he could thus use. Accordingly the…
1Opinion of the Court
Smith, C. J.,
after stating the facts. It is manifest the purchase of the two horses in Petersburg and the payment therefor with the plaintiff’s money, was intended to be, and was on behalf of the plaintiff, and the delivery to Story, as bis bailee, for the purpose of conveying them thence to the 'plaintiff. It no more put the title to the mare than the title to the horse in the agent, Story. The sale and its terms were concluded subsequently at the plaintiff’s house, and the terms were that the property should remain where it already was, in the plaintiff, until the price secured in the note…
2Cases cited1 opinion
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