Cleveland v. I. L. Pearl & Co.
Supreme Court of Vermont
Tliis was an action in general assumpsit for the price of certain wool. Plea, the general issue with notice of special matter. Trial by jury at the February term; 1890, Orleans county, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff resides at Coventry and the defendants do business and reside at -Johnson, Vt. On June 16, 1888, the defendants purchased the plaintiff’s wool, which was then at his residence in Coventry.
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Tliis was an action in general assumpsit for the price of certain wool. Plea, the general issue with notice of special matter. Trial by jury at the February term; 1890, Orleans county, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff resides at Coventry and the defendants do business and reside at -Johnson, Vt. On June 16, 1888, the defendants purchased the plaintiff’s wool, which was then at his residence in Coventry. By the terms of the sale it was agreed that the plaintiff should deliver the wool at the store of one Geo. R. Hoyt, in…
1Opinion of the Court
The opinion of the court was. delivered by
ROWELL, J.
It not having been found how it was in fact, this was in law a sale for cash o_n delivery. And it is manifest that the parties so understood it; for the defendants put Hoyt in funds wherewith to pay on delivery, and the plaintiff called for payment in money when he delivered. And when ha found that he could not get cash in full according to his right,, he had au option not to deliver at all. But he chose to deliver' notwithstanding, and to take Hoyt’s check, payable to himself,, for the unpaid balance, in the giving of which, Hoyt was not…
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