Bauendahl v. Horr
U.S. Circuit Court for the District of Connecticut
At law.—This was an action of replevin, brought [by Bauendahl & Co. against William L. Horr] under a statute of the state of Connecticut, which gives this remedy: “Whenever any goods shall be unlawfully detained, except by attachment, from the owner or other person entitled to possession.” The property embraced in the suit consisted of certain bales of wool, the title and right to possession of which was claimed by the plaintiffs and denied by the defendant.
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At law.—This was an action of replevin, brought [by Bauendahl & Co. against William L. Horr] under a statute of the state of Connecticut, which gives this remedy: “Whenever any goods shall be unlawfully detained, except by attachment, from the owner or other person entitled to possession.” The property embraced in the suit consisted of certain bales of wool, the title and right to possession of which was claimed by the plaintiffs and denied by the defendant. The case was tried by the court, the parties having stipulated to waive a jury. The plea was the general- issue. No question was raised…
1Opinion of the Court
SHIPMAN, District Judge.
On the facts found by the court, this was a conditional sale. One of the terms of the contract was an express condition that payment was to be made by the defendant’s draft on G. P. & B. W. Pay, with the latter’s acceptance thereof. Upon this condition the goods were delivered, in accordance with a custom of the trade. This condition was never complied with by the defendant, but compliance therewith was steadily refused.
Nor was there any waiver of the condition by the plaintiffs. It is true that they offered, in their letter of the 27th of August 1868 to accept the…
2Cited by8 opinions
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- Stone v. PerrySupreme Judicial Court of Maine · 1872
- Daugherty v. FowlerSupreme Court of Kansas · 1890
- Wheeler v. Walton & Whann Co.U.S. Circuit Court for the District of Delaware · 1894
- Welch v. KingWest Virginia Supreme Court · 1918
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