Whittle v. Phelps

This is an action of replevin to recover possession of a quantity of brick. The case was tried by a judge of the Superior Court without a jury, and there was a general finding for the plaintiff. The defendant excepted to the refusal of the judge to rule that it did not appear that there was a suffi*318cient delivery to the plaintiff of the bricks replevied to pass the title, and that on all the evidence the plaintiff could not recover. The principal question relates to the delivery. There was testimony tending to show that one Bailey, the owner of a brick yard in the town of Harvard, agreed with…