Calligan v. Mix

By the court—Gould, Justice.

There is no difference of opinion, nor any hesitancy, in the court as to the proper decision of this cause. It is entirely plain that there never was any delivery of the property to Lynch, accepted by him so as to make a sale, on which Mix could have sued him for the price. And the decisions of both the .county court, and the Albany justices’ court, must be reversed, and judgment for costs given for the defendant.

Were this all of the case, there would be no occasion to write any opinion upon it. But there is a point made, on the part of the respondent; (and it is…