Illustrative Cases in Personalty (Volume 2) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894. Excerpt: ... a right to pay the debts of the intestate for the purpose of preventing a sale of the land, or to enable her to call in question the administrator's conduct in advertising the sale. If no sale had been made, the heirs-at-law might lawfully have prevented her from entering upon the land. Exceptions overruled. Gamble v. Gates, 56 N. "W. Rep. 855. Acts to be performed by both parties. Frescott V. Locke. Supreme Judicial Court of New Hampshire, 1871. 51N. H. 94. Statement of facts: The plaintiff sold defendant 100,000 walnut spokes, at $40 per thousand, which spokes were to be sawed by the plaintiff and delivered to the defendant in lots of ten thousand each. But before delivery plaintiff understood that he was to count the spokes delivered, and the defendant also understood that they were to count them before taking them from the mill. The first lot of ten or twelve thousand was selected by plaintiff and piled up, but not counted by the defendant. The plaintiff afterwards counted the selected pile and charged them to the defendant, but before they were counted or removed by the defendant they were burned with the mill. Foster, J. The contract in this case was not for the plaintiffs labor, but was for the sale of merchandise to be subsequently manufactured. It was not a contract to make spokes for the defendants; but it was an agreement that the defendants " would buy of the plaintiff what walnut spokes he should saw at his mill, at $40 per thousand" for the manufactured article. Where the contract is for a chattel to be made and delivered it clearly is a contract for the sale of goods. In such case the party supplying the chattel cannot recover for his labor in making it. If the contract be such that when carried out it would result in the sale of a chattel, ...