Willard v. Lull
Supreme Court of Vermont
Trespass for taking and carrying away a sleigh; the action came into the county court by appeal from a justice of the peace. Plea, the general issue, and trial by jury. On trial, the plaintiff introduced testimony, which was not contradicted by the defendant, and which tended to prove the following facts.
Read the full summary
Trespass for taking and carrying away a sleigh; the action came into the county court by appeal from a justice of the peace. Plea, the general issue, and trial by jury. On trial, the plaintiff introduced testimony, which was not contradicted by the defendant, and which tended to prove the following facts. On Saturday, January 23, 1841, the sleigh in question was in the shop of one Ira Ayres, in Hartland, in the process of painting, having been left there for that purpose by Ed. Willard, the owner. Ayres had agreed to paint and varnish the sleigh for said Willard, and had, at that time,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The only question in this case is, whether the sleigh became the property of the present plaintiff; as there is no question made as to any actual fraud between the plaintiff and Ed. Willard. We think that the contract between the plaintiff and Ed. Willard was'complete and perfected at the shop of Ayres, on the 23d day of January, that the property then passed to the plaintiff, and that Ed. Willard was entitled to the price as soon as the painting was finished. All that was to be done thereafter was to be done by Ayres, and nothing by…
2Cases cited1 opinion
- Tilden v. BrownSupreme Court of Vermont · 1842
3Cited by1 opinion
- Ford Motor Credit, LLC v. CarpenterVermont Superior Court · 2012