Bruce v. Bishop
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury, June term, 1870, Steele, J., presiding. Verdict for plaintiff. Some three weeks before January 28, 1869, the defendant exchanged cows with one Sleeper. This led to litigation br'ween them.
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Assumpsit. Plea, the general issue. Trial by jury, June term, 1870, Steele, J., presiding. Verdict for plaintiff. Some three weeks before January 28, 1869, the defendant exchanged cows with one Sleeper. This led to litigation br'ween them. On the 28th January, 1869, while that litigation vas pending, the plaintiff, who was working at Sleeper’s, met defendant and entered into conversation about the cow transaction, and remarked that both cows were not worth $35. The plaintiff’s evidence tended to prove that defendant insisted the cow he let Sleeper have was worth $10, and told plaintiff he…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The offer of the defendant, upon which the plaintiff relies, was to give the plaintiff forty dollars for the cow if he would deliver her to the defendant in as good condition as she was in when Sleeper bought her. The plaintiff did not then own the cow, and both parties • knew that he did not own her. The plaintiff did not accept the offer, but went away expressing an intention to get the cow and drive her to the defendant the next day. If the plaintiff had then accepted the offer, it would not have been a sale of the cow, for the plaintiff…
2Cited by6 opinions
- United States v. RubensteinCourt of Appeals for the Second Circuit · 1945
- New York Trust Co. v. Island Oil & Transport CorporationCourt of Appeals for the Second Circuit · 1929
- Woods v. Fifth-Third Union Tr. Co.Ohio Court of Appeals · 1936
- Weinstein v. NewmanOhio Court of Appeals · 1951
- Ryan v. SchottOhio Court of Appeals · 1959
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