Turner v. Moore
Supreme Court of Vermont
Action with two counts, one in trover, and one upon s. 4193, R. L., to recover for the conversion of a tombstone. Trial by jury, September Term, 1885, Walker, J., presiding. Verdict for the plaintiffs. Judgment reversed.
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Action with two counts, one in trover, and one upon s. 4193, R. L., to recover for the conversion of a tombstone. Trial by jury, September Term, 1885, Walker, J., presiding. Verdict for the plaintiffs. Judgment reversed. The plaintiffs’ testimony tended to1 show a delivery of the tombstone by setting it up in the cemetery by the defendant; the defendant’s testimony tended to show 'that he carried the stone to the cemetery one evening, Saturday; that it became dark before the setting was completed, and that he left it there until the next Wednesday, when, after having some conversation about…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
The second request of the plaintiff should have been complied with. If the contract was for the sale of the stone, and there was no agreement that time should be given the plaintiff, in which to make payment, it was a cash sale, and no title would vest in the plaintiff until she paid or tendered the money. The court told the jury that if the stone was delivered to the plaintiff, the title vested in her, and she became the owner. We think they should have been told that if they found it a cash sale, title would not vest until payment or tender…
2Cited by3 opinions
- Allen Lumber Co. v. HigueraSupreme Court of Vermont · 1913
- Burlington Paper Stock Co. v. DiamondSupreme Court of Vermont · 1914
- Chalmers v. McAuleySupreme Court of Vermont · 1895