Porter v. Pettengill
Superior Court of New Hampshire
TROver, for a cooking-stove and furniture. The plaintiffs, in support of the action, offered in evidence a receipt, dated March 12, 1838, signed by Leonard Russell, of which the following is a copy — “ Received of Porter & Rolfe one cooking-stove and furniture, at twenty-eight dollars, for which I am to pay $3 per month, or return the same if I do not comply as above.”
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TROver, for a cooking-stove and furniture. The plaintiffs, in support of the action, offered in evidence a receipt, dated March 12, 1838, signed by Leonard Russell, of which the following is a copy — “ Received of Porter & Rolfe one cooking-stove and furniture, at twenty-eight dollars, for which I am to pay $3 per month, or return the same if I do not comply as above.” The plaintiffs then offered Russell as a witness, to whose admission the defendant objected, on the ground of interest; but he was admitted. He testified that at the time he took the stove he paid the plaintiffs three dollars…
1Opinion of the CourtParker, C. J.
The first question arising in this case is settled, in effect, by the case, Sargent vs. Gile, 8 N. H. Rep. 325. The cases there cited, where it was held that if one *301receive goods of another on a contract by which he has a right to return them or pay a stipulated price, the property will pass if well founded, are distinguishable from cases of this character, and do not apply. Where the transaction is in reality a sale of the article, with a stipulation that the vendee shall have an election to rescind the contract, at the expiration of a certain time, by a return of the article sold, or to pay…
2Cases cited3 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Sargent v. GileSuperior Court of New Hampshire · 1836
- Marsh v. Wickham & WickhamNew York Supreme Court · 1817
3Cited by2 opinions
- Nevada Motor Co. v. BreamNevada Supreme Court · 1928
- Noel v. ProudSupreme Court of Kansas · 1961