Collender Co. v. Marshall
Supreme Court of Vermont
Replevin for two billiard tables. Trial by court,'.June Term, 1883, Addison County, Veazey, J., presiding. Judgment for the defendant. The plaintiff — a corporation — is located in New York city. On the ICth day of December, 1881, H. A. Rowe, at Troy, N. Y., ordered the tables in question by two written orders.
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Replevin for two billiard tables. Trial by court,'.June Term, 1883, Addison County, Veazey, J., presiding. Judgment for the defendant. The plaintiff — a corporation — is located in New York city. On the ICth day of December, 1881, H. A. Rowe, at Troy, N. Y., ordered the tables in question by two written orders. The writing put in as evidence by the plaintiff, and claimed to be a lease and contract to sell, was in part as follows; * * * * “ That the said party of the first part hath let, and by these presents doth let, unto the said H. A. Rowe, the party of the second part, one maple 41-2x9…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The contract in question was a conditional sale and not a lease: Whitcomb v. Woodworth, 54 Vt. 544.
Said contract was a Vermont contract. Rowe’s orders for the property were given through plaintiff’s agent subject to plaintiff’s approval; but instead of approving them as given, plaintiff shipped the property to M'iddlebury, consigned to itself, and sent a contract to Pinney materially different from that called for by the orders, and accompanied it with a draft on Rowe for $100 and twelve promissory notes for him to sign and an order on the…
2Cases cited3 opinions
- Gibson v. WardenSupreme Court of the United States · 1872
- Allen v. BrownCourt of Appeals of Kentucky · 1863
- Whitcomb v. WoodworthSupreme Court of Vermont · 1882
3Cited by7 opinions
- Clark v. ClementSupreme Court of Vermont · 1903
- Desany v. ThorpSupreme Court of Vermont · 1897
- Rice's Assignees v. HulettSupreme Court of Vermont · 1891
- Barrett v. KelleySupreme Court of Vermont · 1894
- Brunswick-Balke Collender Co. v. HerrickSupreme Court of Vermont · 1891
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