Ward v. Taylor

This was an action of - assumpsit, brought by Taylor against Ward, to recover the price of a threshing machine.

The declaration wa¡s for goods sold and delivered.

The question which we shall consider is, whether, upon the facts in this case, an action lies for goods sold and delivered.

In order to maintain the count for goods sold and delivered, it is essential that the goods should have been delivered to the defendant or his agent, or to a third person at his request, or that something equivalent to a delivery should have occurred.

It is claimed that the delivery of the machine to the railroad…