Reynolds v. Boston & Maine Railroad
Supreme Court of New Hampshire
Trover, for twenty sewing-machines, of the value of $500. The plaintiff testified that he was a machinist, living at Dover; that in 1860 he manufactured-sewdng machines ; that he received a letter purporting to he from D. Murcheson & Go.; subsequently a man by the name of White, who said he belonged to that firm, purporting to do their business at No. 4, India wharf, Boston, appeared at Dover, and negotiated for twenty machines, at $25 each.
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Trover, for twenty sewing-machines, of the value of $500. The plaintiff testified that he was a machinist, living at Dover; that in 1860 he manufactured-sewdng machines ; that he received a letter purporting to he from D. Murcheson & Go.; subsequently a man by the name of White, who said he belonged to that firm, purporting to do their business at No. 4, India wharf, Boston, appeared at Dover, and negotiated for twenty machines, at $25 each. He says, “ I consented to a discount of four per cent, and to take one half cash; the balance in a check at thirty days. They were to be delivered in…
1Opinion of the CourtBell, C. J.
The evidence in this case tends to prove that the contract between the parties was conditional that the machines should be delivered in Boston on payment of the price; and this evidence is entirely uncontradicted. ITpon such a contract it may be regarded as settled that no interest vests in the purchaser until actual delivery and the payment of the price. The payment is a condition precedent to the passing of the title. The contract is merely executory. Notwithstanding a delivery to a common carrier, to be forwarded to the buyer, the title remains in the seller, and his right to forbid a…
2Cases cited6 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Newhall v. VargasSupreme Judicial Court of Maine · 1836
- Bell v. MossSupreme Court of Pennsylvania · 1840
- Rogers v. ThomasSupreme Court of Connecticut · 1849
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