White v. Langdon
Supreme Court of Vermont
Trover for a horse. The case was referred, and the referee reported the following facts: The plaintiff, on the 1st of January, 1854, sold the horse in question, at Wells River, to one McLeran^ then residing at that place, for one hundred and ten dollars, with the condition that it was to remain the plaintiff’s property until paid for. In March, 1854, McLeran paid the plaintiff thirty dollars towards the horse, being the only payment made by him.
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Trover for a horse. The case was referred, and the referee reported the following facts: The plaintiff, on the 1st of January, 1854, sold the horse in question, at Wells River, to one McLeran^ then residing at that place, for one hundred and ten dollars, with the condition that it was to remain the plaintiff’s property until paid for. In March, 1854, McLeran paid the plaintiff thirty dollars towards the horse, being the only payment made by him. McLeran took the horse into his possession at the time the contract was made, and used it until the 1st of October, 1854 (previous to which time he…
1Opinion of the Court
The opinion of the court was delivered by
Aldis, J.
This case comes to us upon a referee’s report.
1. It is claimed by the defendant, that the plaintiff is estopped from claiming the horse by his declaration to the defendant, in April, 1855, when he notified the defendant of his claim to the horse, “ that he did not want the horse, and was in hopes McLeran would pay him up.” To give this declaration the force of an estoppel, it should appear that it was made with the intent of leading the defendant to believe that his claim to the horse would not be enforced, and thereby, the defendant has been…
2Cases cited1 opinion
- Strong v. EllsworthSupreme Court of Vermont · 1854
3Cited by16 opinions
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- Ferguson v. Phoenix Mutual Life InsuranceSupreme Court of Vermont · 1911
- Hard v. BurtonSupreme Court of Vermont · 1890
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