Taft v. Travis
Massachusetts Supreme Judicial Court
Contract to recover $1000, the price of a steam-engine alleged to have been sold by the plaintiff to the defendant. Answer : 1. A general denial. 2. That on or about May 1, 1881, the defendant purchased a steam-engine of one Lafayette Huntoon for the sum of $300; and that said Huntoon represented himself to be the agent of the plaintiff.
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Contract to recover $1000, the price of a steam-engine alleged to have been sold by the plaintiff to the defendant. Answer : 1. A general denial. 2. That on or about May 1, 1881, the defendant purchased a steam-engine of one Lafayette Huntoon for the sum of $300; and that said Huntoon represented himself to be the agent of the plaintiff. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in substance as follows: The plaintiff testified that he became the owner of the engine in question by bill of sale from Charles Hunt to him dated December 5, 1879; that he took…
1Opinion of the CourtC. Allen, J.
There was some evidence tending to show that the plaintiff, being the owner of the engine, met the defendant, at a time when the latter had it in his possession either rightfully or wrongfully, and gave notice of his ownership, and that he, the plaintiff, did not wish the defendant to pay any one for it but himself; that the defendant did not dissent therefrom, and said he had paid a few dollars for setting it up, but would pay no more till he saw the plaintiff; that the engine accordingly remained in the possession of the defendant, with no offer on his part to give it up; and that nothing…
2Cited by3 opinions
- Jules Levy & Bro. v. A. Mautz & Co.California Court of Appeal · 1911
- S. F. Bowser & Co. v. MarksSupreme Court of Arkansas · 1910
- Clifton v. RossSupreme Court of Arkansas · 1894