Eastman v. Premo
Supreme Court of Vermont
Trover for a horse. The case was referred, and the referees reported the following facts: The plaiu tiff, in his own behalf, testified that defendant came to his house and proposed to buy of him a certain four-year-old horse, and desired plaintiff to fix a price that he would take therefor, and wait on him five months for payment, informing plaintiff that he had sold his own horse on five months time, and that he wanted plaintiff’s colt to keep and break for his own use, and…
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Trover for a horse. The case was referred, and the referees reported the following facts: The plaiu tiff, in his own behalf, testified that defendant came to his house and proposed to buy of him a certain four-year-old horse, and desired plaintiff to fix a price that he would take therefor, and wait on him five months for payment, informing plaintiff that he had sold his own horse on five months time, and that he wanted plaintiff’s colt to keep and break for his own use, and that he had no ready money to pay down for said horse, but would pay for him when he got the money due him for the…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The questions' discussed in this case arise upon exceptions to the referees’ report. On the trial, the parties were at issue as to the terms of the contract of sale that the defendant set up. The plaintiff insisted that the contract of sale was to have effect as such, only upon the delivery to him of defendant’s note with surety. The defendant claimed that the delivery of his sole note completed the trade. The referees found this issue as claimed by the plaintiff, and that, inasmuch as the defendant failed to deliver the note with surety, no…
2Cases cited2 opinions
- Castle v. BullardSupreme Court of the United States · 1860
- Pierce v. HoffmanSupreme Court of Vermont · 1852
3Cited by16 opinions
- Chamberlin v. FullerSupreme Court of Vermont · 1886
- Fireman's Fund Insurance Company v. KnutsenSupreme Court of Vermont · 1974
- Tapley v. YoumansCourt of Appeals of Georgia · 1957
- Henderson v. BallSupreme Court of Iowa · 1922
- Land Finance Corp. v. Sherwin Electric Co.Supreme Court of Vermont · 1929
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