3 N.H. 79 | Superior Court of New Hampshire | 1824
In this case, the plaintiff purchased of the defendant two ploughs ; and, in an adjustment of accounts between the parties, the value of the ploughs was allowed to the defendant; yet he has refused to deliver the ploughs, and has converted them to his own use. It is objected, by the:defendant, that this action cannot be maintained upon these facts. But we think otherwise. It seems to us, that when the defendant refused to deliver the ploughs, the plaintiff had a right to consider the contract as rescinded, and to recover back the price he had paid for the ploughs. 5 John. 85, Gillet vs. Maynard.—12 John. 274, Raymond vs. Barnard.
Judgment on the verdict.