Reports of Cases Argued and Determined in the Supreme Judicial Court of New Hampshire (Volume 34) (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. 1872. Excerpt: ... MERRIMACK, JANUARY TERM, A. D. 1857. 84 290) Fuller V. Bean. 36 3981 88 136 A sale is not complete, so as to pass the property, while any thing remains to 34 aooj' be done to ascertain tho price, nor nntil the price is paid or secured, unless it ra 10el may be inferred from the evidence that the parties intended the property should pass at once, and the price bo fixed, or payment made at a future time. If material facts are left in doubt upon the evidence, the question as to the intention of tho parties, as to the effect of the sale, should be left to the jury. An agreement was made at C, in this State, for the sale of certain goods, then stored there, for seventy-five per cent. of tlie amount at which they should be appraised by a third person, to be paid, half by the buyer's note, and half by the note of another person, and cash. There was no direct evidence of any delivery of the goods at C, or that the terms of the agreement should not be at once complied with. The appraisal of the goods was made the next day, and the goods were taken and removed by an agent of the buyer. The payment by notes and money, and the bill of the goods, were made on a subsequent day at B., in Massachusetts.--Held, it could not be assumed that the sale was complete at C-, but the evidence, relative to that qnestiou, should be submitted to the jury. Trespass de bonis a&portatis. Plea, the general issue, with a brief statement, that the defendant, being a deputy sheriff, &C, took the goods as the property of one D. G. Fuller, on a writ against him in favor of John Felton, and that the goods were, at the time of taking, the property of said D. G. Fuller. To prove that Felton was a creditor of D. G. Fuller, the defendant introduced a copy of the judgment in Felton v. Fuller, Full...