Wade v. Moffett
Illinois Supreme Court
This was an action of assumpsit brought'by the defendants to recover the price and value of a mule bargained, sold and delivered by the defendants to the plaintiff. Plea of general issue; trial by jury.
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This was an action of assumpsit brought'by the defendants to recover the price and value of a mule bargained, sold and delivered by the defendants to the plaintiff. Plea of general issue; trial by jury. It was in proof that the Moffets had a public sale, and among other property, a mule was put up for sale and was struck off to plaintiff for $89. That the terms of sale were a credit of nine months, with bond and approved security; that plaintiff did not comply with the terms of sale, and never took possession of the mule. The court instructed the jury for the defendants, That if they…
1Opinion of the CourtBreese, J.
This is a declaration in assumpsit, and the first count is for a mule bargained and sold, and the other is for a mule bargained, sold and delivered to the defendant. The verdict is general, for the plaintiffs.
The questions presented are, do the facts proved amount to a sale of the mule, and were the instructions given for the plaintiff proper, and those asked by the defendant, properly refused.
It is a general rule of the common law as to sale of chattels that, as between the vendor and vendee no actual delivery, symbolical or otherwise, is necessary—the completion of the bargain being all…
2Cases cited1 opinion
- Willis v. Willis' AdministratorsCourt of Appeals of Kentucky · 1837
3Cited by16 opinions
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Kohl v. LindleyIllinois Supreme Court · 1866
- Clark v. Shannon & Mott Co.Supreme Court of Iowa · 1902
- Seckel v. ScottIllinois Supreme Court · 1872
- Frost v. WoodruffIllinois Supreme Court · 1870
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