Harrison v. Williamson
New York Court of Chancery
This case involved the question of a conditional sale and delivery of merchandize; and how far the vendor was at liberty to reclaim the goods after he had parted with the possession, where the contract was not complied with by the vendee? Sometime in the month of October, one thousand eight hundred and thirty-one, William C. Garrison applied to the complainants, Harrison and Sterritt, merchants of Baltimore, and proposed to buy from them seventy-four hogsheads of molasses,…
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This case involved the question of a conditional sale and delivery of merchandize; and how far the vendor was at liberty to reclaim the goods after he had parted with the possession, where the contract was not complied with by the vendee? Sometime in the month of October, one thousand eight hundred and thirty-one, William C. Garrison applied to the complainants, Harrison and Sterritt, merchants of Baltimore, and proposed to buy from them seventy-four hogsheads of molasses, at a certain price, and upon a credit of four months. The complainants were unwilling to make the sale at that length of…
1Opinion of the Court
The Vice-Chancellor:
The bill places the right of the complainants to relief, upon the ground that the sale and delivery of the molasses were conditional and passed no title to the purchaser until he performed the condition of giving the draft on the Mess. Herrick for the amount; and, as such draft has not been given, that they are at liberty to disavow the contract of sale and look to the Herricks as their agents or trustees.
If, as between the complainants and Garrison, such would be the case, of course the complainants have the same right as against the administrator who had acquired no…
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