Fleming v. Wineberg

The unpaid sellers of 95 head of registered Guernsey cattle brought a suit in equity to compel an assignee of the buyer’s interest in the cattle to pay for them. The assignee appeals a decree requiring payment.

The cattle were sold under a conditional-sale contract. The buyer by assignment subsequently surrendered the cattle to the defendant, and by the time of tins suit was no longer a lucrative defendant. The cattle could have been repossessed from the defendant, but changes in the makeup of the herd made exact restitution impossible. The sellers, moreover, had grown weary of milldng cows,…