Hill v. McLaughlin
Massachusetts Supreme Judicial Court
Replevin of certain articles of machinery sold by the plaintiffs to the defendant, upon a contract which recited that the defendant had received of the plaintiffs the articles, a list of which was annexed, and that, if the price set against them was paid as per memorandum in the margin, they were to belong to the defendant, otherwise to remain the property of the plaintiffs.
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Replevin of certain articles of machinery sold by the plaintiffs to the defendant, upon a contract which recited that the defendant had received of the plaintiffs the articles, a list of which was annexed, and that, if the price set against them was paid as per memorandum in the margin, they were to belong to the defendant, otherwise to remain the property of the plaintiffs. At the trial in the Superior Court, before Thompson, J., there was evidence tending to show that the defendant had returned to the plaintiffs two items upon the contract, so that- there remained in the defendant’s…
1Opinion of the CourtKnowlton, J.
The parties agree that the plaintiffs can maintain their action unless the Fifield lathe was paid for by the defendant. This lathe was delivered to the defendant at the same time and under the same contract as several other articles of personal property. The contract was in writing, and was in substance a conditional sale, which provided that the title should remain in the plaintiffs until the goods were paid for, and that the plaintiffs might enter and remove the property if payment was not made in accordance with the agreement. The names of the different articles were written one after…
2Cases cited1 opinion
- Crompton v. PrattMassachusetts Supreme Judicial Court · 1870
3Cited by2 opinions
- Cushman v. SnowMassachusetts Supreme Judicial Court · 1904
- Berwin v. BollesMassachusetts Supreme Judicial Court · 1903