Young v. Woodward
Supreme Court of New Hampshire
Assumpsit. Writ elated July 14, 1860, containing two counts; one on an account annexed, and the other for goods, wares and merchandise, sold and delivered. The account annexed contains but one item: “ To balance on account, $99.38, as from bills sold at different times. September 3, 1858, made out.”
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Assumpsit. Writ elated July 14, 1860, containing two counts; one on an account annexed, and the other for goods, wares and merchandise, sold and delivered. The account annexed contains but one item: “ To balance on account, $99.38, as from bills sold at different times. September 3, 1858, made out.” The date of the delivery of the first item in the specification is January 27, 1857, and the last February 21, 1857. The specification contains items of jewelry and other articles, and may be referred to by either party, if deemed material. Plea, the general issue, with a brief statement. The case…
1Opinion of the CourtNesmith, J.
The first question presented is, has there been a sale here, or a precedent debt created, upon which an express or implied promise can rest, and the plaintiff’s declaration sustained ? In general, where the contract is of such a nature that, where the identical thing delivered is to be restored, though in an altered form, the property is not changed, and there is no sale. Moore v. Hodand, 39 Me. 307; Mallory v. Welles, 4 Corns. 76; Gregory v. Striker, 2 Den. 628. So where, upon a declaration in general assumpsit, for goods sold and delivered, the evidence showed a consignment for the purpose…
2Cases cited6 opinions
- Seattle & Montana Railway Co. v. GilchristWashington Supreme Court · 1892
- Gregory v. StrykerNew York Supreme Court · 1846
- Kennaird v. JonesSupreme Court of Virginia · 1852
- Shepard v. PalmerSupreme Court of Connecticut · 1826
- Moose v. HollandSupreme Judicial Court of Maine · 1855
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