Malone v. Plato
California Supreme Court
Appeal from the Sixth Judicial District. The plaintiff seeks to recover in this action $2,200, as the price of a span of horses, which he alleges were purchased of him by defendant. The defendant, in addition to a denial of any contract of purchase, claims that any agreement which may have been made was void by the Statute of Frauds.
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Appeal from the Sixth Judicial District. The plaintiff seeks to recover in this action $2,200, as the price of a span of horses, which he alleges were purchased of him by defendant. The defendant, in addition to a denial of any contract of purchase, claims that any agreement which may have been made was void by the Statute of Frauds. The proof showed that the horses were kept by plaintiff in his livery stable at Sacramento; that some negotiations as to a purchase were made, resulting in an understanding that defendant should take the horses at the price of $2,200, provided that upon trial…
1Opinion of the CourtNorton, J.
in the case of Elmore v. Stone (1 Taunt. 458), after the sale had been agreed upon, the purchaser requested the seller to keep the horse for him on livery, as he, the purchaser, had no stable. The seller thereupon removed the horse from his sale stable, where he had been previously kept, and put him in his livery stable. This was held a sufficient delivery. The case has been treated as of doubtful authority, and when referred to has been sustained only upon the ground that the seller, by an unequivocal act, done at the request of the purchaser, had changed his possession of the horse from…
2Cited by3 opinions
- Etchepare v. AguirreCalifornia Supreme Court · 1891
- Wilson v. HotchkissCalifornia Supreme Court · 1915
- Sloan v. HiattCalifornia Court of Appeal · 1966