Michelson v. Collins
Supreme Court of New Hampshire
Trover, for a lady’s suit and waist. Trial at the September term, 1903, of the superior court before Peaslee, J., who found a verdict for the plaintiff, subject to the defendant’s exception. In April, 1903, the defendant and her father called at the plaintiff’s store, and the father stated that he wished to purchase or lease the clothing in question.
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Trover, for a lady’s suit and waist. Trial at the September term, 1903, of the superior court before Peaslee, J., who found a verdict for the plaintiff, subject to the defendant’s exception. In April, 1903, the defendant and her father called at the plaintiff’s store, and the father stated that he wished to purchase or lease the clothing in question. Both parties understood that the clothing was to be given to the defendant by her father and was to be worn by her, but neither the plaintiff nor the father thought this fact varied the written contract. The sale was on credit, the title to the…
1Opinion of the CourtBingham, J.
The contract was a conditional sale of the clothing to the defendant’s father. Gerrish v. Clark, 64 N. H. 492. The legal title to the property did not and by the terms of the contract was not to vest in the father until the purchase price was paid. Weeks v. Pike, 60 N. H. 447; Adams v. Lee, 64 N. H. 421; Hatch v. Lamos, 65 N. H. 1; Cutting v. Whittemore, ante, p. 107.
The father failed to make any payments under the contract, and the defendant, his donee, although requested, declined to make them or to return the clothing. The only provision in the contract material to the plaintiff’s right of…
2Cases cited4 opinions
- Adams v. LeeSupreme Court of New Hampshire · 1887
- Hatch v. LamosSupreme Court of New Hampshire · 1888
- Gerrish v. ClarkSupreme Court of New Hampshire · 1887
- Weeks v. PikeSupreme Court of New Hampshire · 1881