Frazier v. Simmons
Massachusetts Supreme Judicial Court
Contract to recover the balance of the purchase money for certain shares of stock sold by the plaintiff to the defendants.
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Contract to recover the balance of the purchase money for certain shares of stock sold by the plaintiff to the defendants. Trial in the Superior Court, before Bacon, J., who reported the case for the determination of this court, in substance as follows: The plaintiff and the defendants were brokers, and members of an association in Boston known as the Boston Mining and Stock Exchange, from 1880 until the early part of the year 1882. On October 25, 1881, the plaintiff at said Exchange, in open board and by auction in the usual way, sold the defendants three hundred shares of the stock of the…
1Opinion of the CourtC. Allen, J.
There may be a bargain and sale of goods, sufficient to transfer the title, and thus to support an action for goods bai’gained and sold, without any such delivery as will *536amount to a transfer of possession. The former is quite consistent with the vendor’s retaining a lien for the price, and thus retaining possession till the price is paid. Morse v. Sherman, 106 Mass. 430, 432. Haskins v. Warren, 115 Mass. 514, 533. Safford v. McDonough, 120 Mass. 290. Arnold v. Delano, 4 Cush. 33, 38. Simmons v. Swift, 5 B. & C. 857. 2 Kent Com. 492. In the present case, it may be assumed that the title to…
2Cases cited5 opinions
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Safford v. McDonoughMassachusetts Supreme Judicial Court · 1876
- Sherwin v. MudgeMassachusetts Supreme Judicial Court · 1879
- Turner v. LangdonMassachusetts Supreme Judicial Court · 1873
3Cited by12 opinions
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. HessSupreme Court of Pennsylvania · 1892
- O. A. Olin Co. v. LambachIdaho Supreme Court · 1922
- Folsom v. CornellMassachusetts Supreme Judicial Court · 1889
- Commissioner of Int. Rev. v. Southern Bell Tel. & Tel. Co.Court of Appeals for the Sixth Circuit · 1939
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