Newhall v. Kingsbury

This is an action of tort in the nature of trover to recover the value of a mowing-machine, which the defendant, a deputy sheriff, attached and sold as the property of one Cal-kins. The evidence shows that the plaintiffs sold the machine to Calkins in June 1879, upon the conditions that he should pay one half of the price on August 15, and the other half on September 20 of the same year, and that the machine should be the property of the plaintiffs until paid for. This agreement amounted to a conditional sale, liable to be defeated upon the non-performance of the conditions. Calkins, after…