Stanley v. Tinsman

On June 12, 1959 the plaintiff purchased from the defendant for a single sum by conditional sale contract four pieces of equipment commonly used in highway and building construction. Defendant failed to deliver one item, a used L57 Sullivan jackhammer. This unit was in the physical possession of one Morley in Massachusetts with whom it had been lodged for repairs by a previous owner. Mr. Morley failed to respond to defendant’s demand for possession after he was informed that a sale had been made to plaintiff. Upon trial of plaintiff’s complaint seeking damages for non-delivery, the justice…