Reed v. Rowell

This is a tort action for the wrongful sale of certain cows on which the plaintiff held security. The trial below was by court, and judgment was for the plaintiff. The defendant alleges error.

It appears from the findings that the plaintiff sold the defendant twenty-one head of cattle, taking therefor a conditional sale note for $1,240, which represented the full purchase price, and was duly recorded. The defendant was a cattle dealer and bought these cows for re-sale — as the plaintiff well knew; and the plaintiff consented to such re-sale on condition that the avails be forthwith applied on…