Martin v. Adams
Massachusetts Supreme Judicial Court
Tort against a deputy of the sheriff of Hampden for the conversion of a horse which he attached on September 26,1868, as property of John Malone. The case was submitted to the judgment of the court on agreed facts, which raised the sole issue whether the following agreement, dated June 10, 1868, and signed that day by the parties named therein, was an agreement for a present sale of the horse, which was then in Malone’s possession.
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Tort against a deputy of the sheriff of Hampden for the conversion of a horse which he attached on September 26,1868, as property of John Malone. The case was submitted to the judgment of the court on agreed facts, which raised the sole issue whether the following agreement, dated June 10, 1868, and signed that day by the parties named therein, was an agreement for a present sale of the horse, which was then in Malone’s possession. “ This agreement between Ira L. Benton and Richard Martin, of the first part, and John Malone, witnesseth, that said Benton and Martin, of the first part, agree to…
1Opinion of the Court
Chapman. C. J.
Although, in the written agreement, Benton and Martin “agree to sell” the property to Malone, and he “ agrees to purchase ” it, for a sum named, to be paid “ on or before the 15th of October next,” yet as the property was already in the possession of Malone, and nothing remained to be done by the vendors, and there is nothing to indicate that the title is not to pass till the happening of a future event, we think the fair interpretation is, that it is an agreement for a present sale.
The agreement of Malone to make the payment at the stipulated time, or return the property in…
2Cited by11 opinions
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- In re AllenDistrict Court, E.D. Arkansas · 1910
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