13 Johns. 294 | N.Y. Sup. Ct. | 1816
delivered the opinion of the court.
Whether the bargain between the parties for the sale of the mill stones was completed, or whether it was only in fieri, was a question of fact which ought to have been submitted to the jury for their decision. The evidence that the negotiation had been closed, and that the defendant had agreed to purchase, is pretty strong, and the jury would have been warranted to have found for the plaintiff. The greatest difficulty in the case is, whether it appears sufficiently that the plaintiff had procured a relinquishment from Tifft, who had previously agreed to purchase the mill stones. From the testimony of Brewer it appears, that at the defendant’s request he inquired of the plaintiff whether he had procured such relinquishment, who said he had; and that when he informed the defendant of it he “ expressed his
Judgment below reversed.