Benedict v. Bachelder

The parties exchanged horses on the 8th of May, 1867.

Bachelder, claiming to have been defrauded in the trade, took steps on the 19th of May, which was Sunday, to rescind the contract. His purpose was to place himself in position to retake the horse he had traded away. These steps were sufficient to produce that consequence, unless rendered abortive by being done on Sunday. Bachelder then brought replevin, and the only question is whether the trade was undone by what occurred at that time, and on *426that point we think the referee was correct when he said in his first report, “ that the…